Reproduced from www.worldbank.org/icsid with permission of ICSID.
2. In their Request for Arbitration, Claimants allege that the United States breached Articles 1102, 1103, 1105, and 1110 of the North American Free Trade Agreement ("NAFTA") when, on January 20, 2021--more than six months after the NAFTA was terminated and superseded by the United States-Mexico-Canada Agreement ("USMCA")--President Biden revoked the March 2019 permit (the "Permit") granted to Claimants by his predecessor.1 The Permit authorized Claimants "to construct, connect, operate, and maintain pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States."2 That authorization was subject to a number of express conditions, including that the Permit "may be terminated, revoked, or amended at any time at the sole discretion of the President of the United States. . . . "3
29. For the foregoing reasons, the United States respectfully requests that the Tribunal bifurcate the proceedings, suspend proceedings on the merits, and decide the United States' jurisdictional objection as a preliminary matter.23