Domtar Inc. v. United States of America

Domtar Inc., a Canadian corporation, filed a Notice of Arbitration against the United States under the UNCITRAL Arbitration Rules, on behalf of itself and its subsidiaries, Domtar Enterprises Inc. and Domtar Industries Inc., for losses allegedly suffered as a result of (i) certain U.S. antidumping, countervailing duty and material injury determinations on Canadian softwood lumber; (ii) the Continued Dumping and Subsidy Offset Act of 2000; and (iii) the 2006 Softwood Lumber Agreement between the United States and Canada.

Domtar alleges that the United States has breached NAFTA Chapter Eleven by not according it national treatment (Art. 1102) or most-favored-nation treatment (Art. 1103); by not according it the better of the treatment required by Articles 1102 and 1103 (Art. 1104); by not according it treatment in accordance with international law (Art. 1105); and by not permitting the transfer of its funds freely and without delay (Art. 1109). The notice claims damages of not less than $200 million.

04/16/07  Notice of Arbitration and Statement of Claim