Westmoreland v. Canada III Respondent Reply on Jurisdiction

Disputes Document Library Westmoreland Coal Company v. Canada III (ICSID Case No. UNCT/23/2) Westmoreland Coal Company v. Canada III, ICSID Case No. UNCT/23/2, Respondent Reply on Jurisdiction, 13 December 2023

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Westmoreland Coal Company v. Canada III, ICSID Case No. UNCT/23/2, Respondent Reply on Jurisdiction, 13 December 2023

Type
Pleadings

Language
English

Applicable rules
UNCITRAL Arbitration Rules (2013)

Applicable Instrument(s)
NAFTA - Chapter 11: Investment, United States - Mexico - Canada Free Trade Agreement (USMCA) (Chapter 14) (2018)

Tribunal	Annulment Committee
Professor Gabrielle Kaufmann-Kohler (Arbitrator (President)), Laurence Shore (Arbitrator), Judith Levine (Arbitrator), Anna Holloway (Tribunal Secretary)	-

Tribunal Resubmission	Annulment Committee Resubmission
-	-

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Purpose	Legal Basis
To communicate with you and other individuals	For our legitimate business purposes (i.e., the provision and support of the Site and the Services)
To provide the Site and the Services, including to verify your identity and allow you to access appropriate/authorized areas and communicate with you about the Site and the Services	For our legitimate business purposes (i.e., the provision and support of the Site and the Services) and, depending on the circumstances, to perform a contract between you and us
To administer the Site and the Services and related operations	For our legitimate business purposes (i.e., the provision and support of the Site and the Services)
For automatic system operation like email notification	For our legitimate business purposes (i.e., the provision and support of the Site and the Services)We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law
To contact you regarding subscription services and trial use	For our legitimate business purposes (i.e., the promotion, provision and support of the Site and the Services)
To notify you about changes to the Site or the Services	For our legitimate business purposes (i.e., the provision and support of the Site and the Services)
To improve the quality of the Site and the Services	For our legitimate business purposes (i.e., the provision and improvement of the Site and the Services)
To manage complaints, feedback and queries	For our legitimate business purposes (i.e., the provision and improvement of the Site and the Services)
To carry out market research and analysis	For our legitimate business purposes (i.e., the promotion and improvement of the Site and the Services)We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law
To carry out satisfaction surveys and analysis	For our legitimate business purposes (i.e., the promotion and improvement of the Site and the Services)We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law
To provide you with information about the services we offer (including details of any newsletters which we believe may be of interest to you) in accordance with your preferences as indicated when you entered into any agreement with us, including any marketing consent preferences	For our legitimate business purposes (i.e., the promotion and improvement of the Site and the Services)We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law
To comply with any legal or regulatory obligations (including in connection with a court order)	For our legitimate business purposes and for compliance with legal obligations to which we are subject
To enforce or apply the agreements concerning you (including agreements between you and us)	For our legitimate business purposes and for compliance with legal obligations to which we are subject

	Summary of your rights
Right of access to your personal information	You have the right to receive a copy of your personal information that we hold about you and information about our use, disclosure and retention of that personal information, subject to certain exemptions.
Right to rectify your personal information	You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.
Right to erasure of your personal information:	You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.
Right to restrict the use of your personal information	You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.
Right to object to the use of your personal information	You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party); and (ii) if you object to the use of your personal information for direct marketing purposes.
Right to data portability	You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means.
Right to withdraw consent	You have the right to withdraw your consent at any time where we rely on consent to use your personal information.
Right to complain to the relevant data protection authority	You have the right to complain to the relevant data protection authority where you think we have not used your personal information in accordance with data protection law. You may lodge a complaint with the authority in the Member State of your habitual residence or of an alleged infringement of data protection law.

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Introduction

Table of Contents

1. Consent

2. Who is Responsible for the Personal Information We Collect?

3. What Personal Information Do We Collect and How Do We Collect Personal Information?

4. How Do We Use the Personal Information?

5. How Do We Disclose Personal Information?

6. Your Right to Withdraw Consent

7. How Long Do We Retain Personal Information?

8. What Security Measures Do We Have in Place?

9. Cookies

10. Where Will We Transfer Personal Information?

11. Links to Third Party Websites

12. Accuracy and Access to Personal Information

13. Non-Personal Information

14. Changes to Our Privacy Policy

15. Other Matters

16. Contacting Us

1. Introduction

2. Use of the Website

3. Website Content

4. Proprietary Rights

5. Website Disclaimers/Liability Exclusions

6. ISLG Trial Subscription

7. General