International Arbitration

International Arbitration Information by Aceris Law LLC

  • International Arbitration Resources
  • Search Engine
  • Model Request for Arbitration
  • Model Answer to Request for Arbitration
  • Find International Arbitrators
  • Blog
  • Arbitration Laws
  • Arbitration Lawyers
You are here: Home / Arbitration Award / GRAND RIVER ENTERPRISES FIVE NATIONS LTD. ET AL. V. UNITED STATES OF AMERICA Award of 12 January 2011

GRAND RIVER ENTERPRISES FIVE NATIONS LTD. ET AL. V. UNITED STATES OF AMERICA Award of 12 January 2011

31/05/2017 by International Arbitration

In this NAFTA case, Claimants included Grand River Enterprises Six Nations, Ltd., a Canadian corporation involved in the manufacture and sale of tobacco products, Messrs. Jerry Montour and Kenneth Hill (Canadian nationals) and Mr. Arthur Montour, Jr., of Seneca Nations Territory, Perrysburg, New York.

GRAND RIVER ENTERPRISES FIVE NATIONS LTD. ET AL. V. UNITED STATES OF AMERICAThe Claimants filed arbitration claims against several States of the USA on the ground that a 1998 Master Settlement Agreement (“MSA”) was in violation of their rights according to Chapter 11 of North American Free Trade Agreement (“NAFTA”).

The MSA had been the result of litigation between 40 US States and major US tobacco producers for compensation of costs related to tobacco diseases. As part of the settlement, the States had adopted escrow legislation as well as complementary legislation.

Although the Grand Seneca brand owned by Claimants had not yet been created, they intended to benefit from the allocable share provisions and, in 2002, entered a Cigarette Production Agreement with Tobaccoville USA, Inc., under which Grand River would manufacture Seneca brand cigarettes and Tobaccoville would have exclusive rights to distribute those cigarettes off-reservation in the United States.

However, the MSA implemented restrictive measures and cancelled an allocable share provision.

As a consequence, Claimants argued that the MSA was in violation of Articles 1102 (national treatment), 1103 (most-favored national treatment), 1105 (fair and equitable treatment) and 1110 (expropriation).

Regarding the claim of unlawful expropriation under Article 1110 of NAFTA, Claimants argued that the States’ measures went beyond the investor’s reasonable expectations. The Tribunal, however, disagreed with this argument and held that A. Montour was an experienced investor in the business and could have expected such State regulations.

Regarding the claim of violation of Articles 1102 and 1103, although the Arbitral Tribunal determined it had no jurisdiction over the claims in relation to off-reservations sales, the Tribunal still decided to examine the claim for the sake of completeness. The Tribunal found that there was no violation to be sustained as the States’ measures applied to all investors in the same situation as the Claimants and so there could be no claim of better treatment.

Finally, the Arbitral Tribunal dismissed Claimant’s allegations of a violation of the standard for fair and equitable treatment on the basis that it did not have jurisdiction over claims relating to off-reservation sales and claims of denial of justice and that there was no breach of the minimum standard of treatment of aliens.


Download the PDF file .

Filed Under: Arbitration Award, Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, Canada Arbitration, UNCITRAL Arbitration, United States Arbitration

Search Arbitration Information

Arbitrations Involving International Organisations

Before Commencing Arbitration: Six Critical Questions to Ask

How to Commence an ICDR Arbitration: From Filing to Tribunal Appointment

Behind the Curtain: A Step-by-Step Guide to ICC Arbitration

Cross-Cultural Differences and Impact on Arbitration Procedure

When Arbitrators Use AI: LaPaglia v. Valve and the Boundaries of Adjudication

Arbitration in Bosnia and Herzegovina

The Importance of Choosing the Right Arbitrator

Arbitration of Share Purchase Agreement Disputes Under English Law

What Are the Recoverable Costs in ICC Arbitration?

Arbitration in the Caribbean

English Arbitration Act 2025: Key Reforms

Translate


Recommended Links

  • International Centre for Dispute Resolution (ICDR)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • SCC Arbitration Institute (SCC)
  • Singapore International Arbitration Centre (SIAC)
  • United Nations Commission on International Trade Law (UNCITRAL)
  • Vienna International Arbitration Centre (VIAC)

About Us

The international arbitration information on this website is sponsored by the international arbitration law firm Aceris Law LLC.

© 2012-2025 · IA