Ecuador

Ecuador

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2019 Aecon v. Ecuador Aecon Construction Group Inc. v. The Republic of Ecuador (PCA Case No. 2020-19) Canada - Ecuador BIT (1996) UNCITRAL PCA Investment: Shareholding of 45.5% in Corporación Quiport S.A. (Quiport), an international consortium holding a concession for the construction of the new international airport in Quito.

Summary: Claims arising out of the tax authority’s alleged denial of certain tax exemptions to the claimant related to an airport construction project undertaken by the Quiport consortium in which the claimant had participated.
Shareholding of 45.5% in Corporación Quiport S.A. (Quiport), an international consortium holding a concession for the construction of the new international airport in Quito. Pending Ecuador Canada Tertiary: F - Construction 41 - Construction of buildings Malinvaud, C. - President

Tawil, G. S. - Claimant

Dupuy, P.-M. - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
2 2019 WorleyParsons v. Ecuador WorleyParsons International, Inc. v. Republic of Ecuador Ecuador - United States of America BIT (1993) UNCITRAL Data not available Investment: Inspection and management contracts with state-owned oil company Petroecuador related to the refurbishment of the Esmeraldas oil refinery.

Summary:
Inspection and management contracts with state-owned oil company Petroecuador related to the refurbishment of the Esmeraldas oil refinery. Pending Ecuador United States of America Secondary: C - Manufacturing 19 - Manufacture of coke and refined petroleum products Rigo Sureda, A. - President

Hanotiau, B. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
3 2016 Albacora v. Ecuador Albacora S.A. v. Republic of Ecuador (PCA Case No. 2016-11) Ecuador - Spain BIT (1996) UNCITRAL PCA Investment:

Summary: Claims arising out of the Government’s alleged denial of certain tax exemptions to which the claimant considered its company to be entitled as a user of the free economic zone of Posorja (Zona Franca de Posorja) in the Guayas province of Ecuador.
Decided in favour of State Ecuador Spain Primary: A - Agriculture, forestry and fishing

Secondary: C - Manufacturing
3 - Fishing and aquaculture

10 - Manufacture of food products
Anzola, J. E. - President

Nunes Pinto, J. E. - Claimant

Malintoppi, L. - Respondent
56.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Indirect expropriation
None - all claims dismissed at the merits stage Award dated 18 July 2019 None None None None None None
4 2015 MAESSA and SEMI v. Ecuador Mantenimientos, Ayuda a la Explotación y Servicios S.A. and Sociedad Española de Montajes Industriales S.A. (formerly Consorcio GLP) v. Republic of Ecuador Ecuador - Spain BIT (1996) UNCITRAL ICC Investment: Shareholding in Consorcio GLP, which held a contract with the Ecuadorian state-owned oil and gas transport company Flopec for the construction of storage spheres for liquefied petroleum gas at a terminal at the Ecuadorean port of Monteverde.

Summary: Claims arising out of government resolutions that declared Consorcio GLP in default of its obligations under a construction contract.
Shareholding in Consorcio GLP, which held a contract with the Ecuadorian state-owned oil and gas transport company Flopec for the construction of storage spheres for liquefied petroleum gas at a terminal at the Ecuadorean port of Monteverde. Pending Ecuador Spain Tertiary: F - Construction 42 - Civil engineering Data not available 50.00 mln USD Data not available Data not available Pending Award on Jurisdiction dated 21 December 2018 None Judicial review by national courts Pending (Judicial review by national courts) None None None
5 2011 Copper Mesa v. Ecuador Copper Mesa Mining Corporation v. Republic of Ecuador (PCA No. 2012-2) Canada - Ecuador BIT (1996) UNCITRAL PCA Investment: Concession rights held through local subsidiaries for two open-pit mines located in the Junín and Chaucha regions of Ecuador; right of acquisition over a third mining project in the area of Telinbela.

Summary: Claims arising out of the alleged termination by the Government of mining concessions in the Ecuadorian areas of Junín, Chaucha and Telinbela, in which the claimant had invested.
Concession rights held through local subsidiaries for two open-pit mines located in the Junín and Chaucha regions of Ecuador; right of acquisition over a third mining project in the area of Telinbela. Decided in favour of investor Ecuador Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Veeder, V. V. - President

Cremades, B. M. - Claimant

Simma, B. - Respondent
69.70 mln USD 19.40 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Direct expropriation

Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Indirect expropriation

Direct expropriation
Award dated 15 March 2016 None Judicial review by national courts Pending (Judicial review by national courts) None None None
6 2011 Merck v. Ecuador Merck Sharpe & Dohme (I.A.) Corporation v. The Republic of Ecuador (PCA Case No. 2012-10) Ecuador - United States of America BIT (1993) UNCITRAL PCA Investment: Ownership of a pharmaceutical manufacturing company located in Ecuador.

Summary: Claims arising out of judicial proceedings before Ecuadorian courts concerning claimant's refusal to sell a pharmaceutical factory to the Ecuadorian company NIFA, which allegedly resulted in a denial of justice.
Ownership of a pharmaceutical manufacturing company located in Ecuador. Pending Ecuador United States of America Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Berman, F. - President

Schwebel, S. M. - Claimant

Simma, B. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Partial Final Award dated 25 January 2018 None None None None None None
7 2011 Murphy v. Ecuador (II) Murphy Exploration & Production Company – International v. The Republic of Ecuador (II) (PCA Case No. 2012-16) Ecuador - United States of America BIT (1993) UNCITRAL PCA Investment: Shares of stock in local operating company that had concluded a service contract with Ecuador for the exploration and exploitation of hydrocarbons.

Summary: Claims arising out of Ecuador's enactment of Law No. 42 imposing a 99 per cent windfall levy on foreign oil revenues that allegedly resulted in the expropriation of Murphy's investment in Block 16 of the Ecuadorian Amazon, an oil-rich region bordering Peru and Brazil.
Shares of stock in local operating company that had concluded a service contract with Ecuador for the exploration and exploitation of hydrocarbons. Decided in favour of investor Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Hanotiau, B. - President

Hobér, K. - Claimant

Tawil, G. S. - Claimant (replaced)

Abi-Saab, G. - Respondent (replaced)

Stern, B. - Respondent (replaced)

Derains, Y. - Respondent
355.00 mln USD 20.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Partial Award on Jurisdiction dated 13 November 2013

Partial Final Award dated 6 May 2016

Final Award dated 10 February 2017
Separate Opinion of Georges Abi-Saab (Partial Award on Jurisdiction) None None None None None
8 2011 Zamora Gold v. Ecuador Zamora Gold Corporation v. Ecuador Canada - Ecuador BIT (1996) UNCITRAL Data not available Investment: Shareholding in three mining subsidiaries, Mineral del Austro Mineraustro S.A, Minreal S.A, and Concumaysa Compania Minera Cumay del Ecuador S.A.

Summary: Claims arising out of the alleged expropriation of claimant's shares in three subsidiary companies engaged in the exploration and exploitation of mineral properties in Ecuador, pursuant to a resolution of the Ecuadorean Guarantee Deposit Agency.
Shareholding in three mining subsidiaries, Mineral del Austro Mineraustro S.A, Minreal S.A, and Concumaysa Compania Minera Cumay del Ecuador S.A. Pending Ecuador Canada Primary: B - Mining and quarrying 8 - Other mining and quarrying Data not available Data not available Data not available Data not available Pending None None None None None None None
9 2010 RSM v. Ecuador RSM Production Corporation v. Republic of Ecuador Ecuador - United States of America BIT (1993) UNCITRAL Data not available Investment: Rights under a mining license.

Summary: Claims arising out of the alleged Government's wrongful termination of a mining license for a tar-sands project in Ecuador.
Rights under a mining license. Pending Ecuador United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying Tribunal not constituted Data not available Data not available Indirect expropriation Pending Data not available Data not available None None None None None
10 2009 Chevron and TexPet v. Ecuador (II) Chevron Corporation and Texaco Petroleum Company v. The Republic of Ecuador (II) (PCA Case No. 2009-23) Ecuador - United States of America BIT (1993) UNCITRAL PCA Investment: Oil exploration and production rights in Ecuador’s Amazon region through concession contracts concluded with the Government.

Summary: Claims arising out of Texaco's historical activities under oil concession contracts, and the alleged Government's misconduct in subsequent domestic litigation against Texaco for environmental remediation (in the so-called “Lago Agrio” judgment of 2012, the Ecuadorian court ordered Chevron and TexPet to pay USD 9.5 billion for environmental damage).
Oil exploration and production rights in Ecuador’s Amazon region through concession contracts concluded with the Government. Pending Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Veeder, V. V. - President

Grigera Naón, H. A. - Claimant

Lowe, V. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

National treatment

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Third Interim Award on Jurisdiction and Admissibility dated 27 February 2012

First Partial Award on Track I dated 17 September 2013

Decision on Track 1B dated 12 March 2015

Second Partial Award on Track II dated 30 August 2018
Note of Dissent Judicial review by national courts

Judicial review by national courts

Judicial review by national courts
Award/decision upheld (Judicial review by national courts)

Award/decision upheld (Judicial review by national courts)

Award/decision upheld (Judicial review by national courts)
Judgment of the District Court of The Hague dated 20 January 2016 (Judicial review by national courts)

Judgment of the Appeal Court of The Hague dated 18 July 2017 (Judicial review by national courts)

Judgment of the Supreme Court of the Netherlands dated 12 April 2019 (Judicial review by national courts)

Judgment of the District Court of The Hague dated 16 September 2020 (Dutch) (Judicial review by national courts)
None None
11 2009 Globalnet v. Ecuador Globalnet - Únete Telecomunicaciones S.A. and Clay Pacific S.R.L. v. The Republic of Ecuador Bolivia, Plurinational State of - Ecuador BIT (1995) UNCITRAL Data not available Investment: Rights under a concession agreement for telecommunication services in Ecuador concluded with the National Secretary of Telecommunications and the National Modernization Council (CONAM).

Summary: Claims arising out of the Government's unilateral termination of a contract concluded with the investor to provide fixed and mobile telephony and Internet to 1,120 rural and marginal urban municipalities of Ecuador that did not have such services at that time, due to the investor's alleged gross negligence in the performance of its contractual duties.
Rights under a concession agreement for telecommunication services in Ecuador concluded with the National Secretary of Telecommunications and the National Modernization Council (CONAM). Pending Ecuador Bolivia, Plurinational State of Tertiary: J - Information and communication 61 - Telecommunications Data not available 32.50 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment
Pending Data not available Data not available None None None None None
12 2009 Ulysseas v. Ecuador Ulysseas, Inc. v. The Republic of Ecuador (PCA No. 2009-19) Ecuador - United States of America BIT (1993) UNCITRAL PCA Investment: Rights under two power barge agreements concluded between claimant, a special purpose vehicle owned by the US hedge fund Elliott Associates, and Ecuador's electricity regulator Conelec to generate electricity during a period of severe national shortages.

Summary: Claims arising out of several Government measures that allegedly altered the legal and regulatory framework governing the power sector in Ecuador, including the payment system applicable to private thermoelectric generators like Ulysseas, and the State's subsequent withdrawal of claimant's operating permit due to alleged contractual breaches.
Rights under two power barge agreements concluded between claimant, a special purpose vehicle owned by the US hedge fund Elliott Associates, and Ecuador's electricity regulator Conelec to generate electricity during a period of severe national shortages. Decided in favour of State Ecuador United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Bernardini, P. - President

Pryles, M. C. - Claimant

Stern, B. - Respondent
57.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Interim Award dated 28 September 2010

Final Award dated 12 June 2012
None None None None None None
13 2008 Burlington v. Ecuador Burlington Resources, Inc. v. Republic of Ecuador (ICSID Case No. ARB/08/5) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Rights under production sharing contracts for the exploration and exploitation of Blocks 7 and 21, concluded between a Burlington wholly-owned subsidiary and Ecuador.

Summary: Claims arising out of Ecuador's enactment of a law imposing a 99 per cent windfall levy on foreign oil revenues as a result of an oil spike starting in 2002, the Government's decision to migrate to service contracts and the subsequent caducidad process to terminate the investor's production sharing agreements.
Rights under production sharing contracts for the exploration and exploitation of Blocks 7 and 21, concluded between a Burlington wholly-owned subsidiary and Ecuador. Decided in favour of investor Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Kaufmann-Kohler, G. - President

Drymer, S. L. - Claimant

Orrego Vicuña, F. - Claimant (replaced)

Stern, B. - Respondent
1515.60 mln USD 379.80 mln USD Direct expropriation

Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Direct expropriation Decision on Liability dated 14 December 2012

Decision on Jurisdiction dated 2 June 2010

Decision on Counterclaims dated 7 February 2017

Decision on Reconsideration and Award dated 7 February 2017
Dissenting Opinion of Arbitrator Orrego Vicuña (Decision on Liability) ICSID annulment proceedings Discontinued (ICSID annulment proceedings) None None Rigo Sureda, A. - President

Bernardini, P. - Member

Van Houtte, V. - Member
14 2008 Murphy v. Ecuador (I) Murphy Exploration and Production Company International v. Republic of Ecuador (I) (ICSID Case No. ARB/08/4) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Minority shareholding in local operating company that had concluded a service contract with Ecuador for the exploration and exploitation of hydrocarbons.

Summary: Claims arising out of Ecuador's enactment of Law No. 42 imposing a 99 per cent windfall levy on foreign oil revenues that allegedly resulted in the expropriation of Murphy's investment in Block 16 of the Ecuadorian Amazon, an oil-rich region bordering Peru and Brazil.
Minority shareholding in local operating company that had concluded a service contract with Ecuador for the exploration and exploitation of hydrocarbons. Decided in favour of State Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Oreamuno Blanco, R. - President

Grigera Naón, H. A. - Claimant

Vinuesa, R. E. - Respondent
Data not available Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined Award on Jurisdiction dated 15 December 2010 Partial Dissenting Opinion of Mr. Horacio A. Grigera Naón (Award on Jurisdiction) None None None None None
15 2008 Perenco v. Ecuador Perenco Ecuador Limited v. Republic of Ecuador (Petroecuador) (ICSID Case No. ARB/08/6) Ecuador - France BIT (1994) ICSID ICSID Investment: Sole operator and majority shareholder of rights in two oil blocks under two production sharing contracts concluded between Ecuador's oil company Petroecuador and several foreign investors; rights under joint operating agreements concluded with other entities holding interests in such blocks; contributions in personnel, equipment, technology, goods and services.

Summary: Claims arising out of Ecuador's enactment of Law No. 42 imposing a 99 per cent windfall levy on foreign oil revenues that allegedly resulted in the expropriation of Perenco's investment in Blocks 7 and 21 situated in the Ecuadorian Amazon region; particularly by depriving Perenco of its contractual right to an agreed participation percentage of the crude oil produced in the Blocks.
Sole operator and majority shareholder of rights in two oil blocks under two production sharing contracts concluded between Ecuador's oil company Petroecuador and several foreign investors; rights under joint operating agreements concluded with other entities holding interests in such blocks; contributions in personnel, equipment, technology, goods and services. Decided in favour of investor Ecuador Bahamas Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Tomka, P. - President

Bingham, T. - President (replaced)

Kaplan, N. - Claimant

Brower, C. N. - Claimant (replaced)

Thomas, J. C. - Respondent
1423.00 mln USD 416.50 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Other
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Decision on Jurisdiction dated 30 June 2011

Decision on Remaining Issues of Jurisdiction and on Liability dated 12 September 2014

Interim Decision on the Environmental Counterclaim dated 11 August 2015

Award dated 27 September 2019
None ICSID annulment proceedings Pending (ICSID annulment proceedings) None None Zuleta, E. - President

Pinto, M. - Member

Knieper, R. - Member
16 2006 Chevron and TexPet v. Ecuador (I) Chevron Corporation and Texaco Petroleum Company v. The Republic of Ecuador (I) (PCA Case No. 2007-02/AA277) Ecuador - United States of America BIT (1993) UNCITRAL PCA Investment: Oil exploration and production rights in Ecuador’s Amazon region through concession contracts concluded with the Government.

Summary: Claims arising out of seven breach-of-contract cases filed by Texaco against the Ecuadorian Government in local courts and the alleged egregious delay of all Texaco claims by the Ecuadorian judiciary.
Oil exploration and production rights in Ecuador’s Amazon region through concession contracts concluded with the Government. Decided in favour of investor Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Böckstiegel, K.-H. - President

Brower, C. N. - Claimant

van den Berg, A. J. - Respondent
649.00 mln USD 77.70 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures

Other
Other Interim Award dated 1 December 2008

Partial Award on the Merits dated 30 March 2010

Final Award dated 31 August 2011
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the District Court of the Hague dated 2 May 2012 (Judicial review by national courts)

DC Court's Rejection of Ecuador's Challenge to the Final Award dated 6 June 2013 (Judicial review by national courts)

Decision of the Dutch Supreme Court to Uphold Award dated 26 September 2014 (Judicial review by national courts)
None None
17 2006 Occidental v. Ecuador (II) Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (II) (ICSID Case No. ARB/06/11) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Participation contract for the exploration and exploitation of hydrocarbons.

Summary: Claims arising out of the termination (caducidad) of a 1999 participation contract between Occidental Exploration and Production Company and PetroEcuador for the exploration and exploitation of hydrocarbons in Block 15 of the Ecuadorian Amazon region.
Participation contract for the exploration and exploitation of hydrocarbons. Decided in favour of investor Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Fortier, L. Y. - President

Williams, D. A. R. - Claimant

Stern, B. - Respondent
1000.00 mln USD 1769.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Decision on Jurisdiction dated 9 September 2008

Award dated 5 October 2012
Dissenting Opinion of Professor Brigitte Stern (Decision on Jurisdiction)

Dissenting Opinion of Professor Brigitte Stern (Award)
ICSID annulment proceedings Award/decision partially annulled (ICSID annulment proceedings) Decision on Annulment of the Award dated 2 November 2015 (ICSID annulment proceedings) None Fernández-Armesto, J. - President

Feliciano, F. P. - Member

Oreamuno Blanco, R. - Member
18 2006 Técnicas Reunidas v. Ecuador Técnicas Reunidas, S.A. and Eurocontrol, S.A. v. Republic of Ecuador (ICSID Case No. ARB/06/17) Ecuador - Spain BIT (1996) ICSID ICSID Investment: Rights under an oil refinery expansion contract.

Summary: Claims arising out of a contract concluded between Ecuador and two engineering and construction companies to upgrade Ecuador's largest oil refinery in the Esmeraldas province in north-west Ecuador, operated by Petroindustriel, a subsidiary of Ecuador's state-run oil company, Petroecuador.
Rights under an oil refinery expansion contract. Settled Ecuador Spain Tertiary: F - Construction 43 - Specialized construction activities Tribunal not constituted 35.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Acting Secretary-General dated 13 May 2008, pursuant to ICSID Arbitration Rule 44 None None None None None None
19 2005 EMELEC v. Ecuador Empresa Electrica del Ecuador, Inc. (EMELEC) v. Republic of Ecuador (ICSID Case No. ARB/05/9) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Rights under a concession agreement for the supply of electricity in the city of Guayaquil concluded between the claimant and an organ of the Ecuadorian Government.

Summary: Claims arising out of the alleged expropriation of the investor's premises, bank accounts, and other property located in Ecuadorian territory through a combined military-police operation, followed by local litigation over contractual outstanding amounts.
Rights under a concession agreement for the supply of electricity in the city of Guayaquil concluded between the claimant and an organ of the Ecuadorian Government. Decided in favour of State Ecuador United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Sepúlveda Amor, B. - President

Rooney, J. H. - Claimant

Reisman, W. M. - Respondent
326.00 mln USD Data not available Direct expropriation None - jurisdiction declined Award dated 2 June 2009 None None None None None None
20 2005 Noble Energy v. Ecuador Noble Energy Inc. and Machala Power Cía. Ltd. v. Republic of Ecuador and Consejo Nacional de Electricidad (ICSID Case No. ARB/05/12) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Ownership and control of contractual and legal rights through certain concession contract, investment agreement and production sharing contract concerning electricity supply; capital contributions; claims to money and performance having an economic value.

Summary: Claims arising out of a series of decrees, acts and omissions of the respondents through which they allegedly altered the economic, regulatory, legal, and contractual framework upon which the claimants had relied in making their investment in Ecuador, including the modification of the mechanism for the payment of invoices which caused a significant increase in unpaid receivables for electricity supply from a power plant in Ecuador.
Ownership and control of contractual and legal rights through certain concession contract, investment agreement and production sharing contract concerning electricity supply; capital contributions; claims to money and performance having an economic value. Settled Ecuador United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Kaufmann-Kohler, G. - President

Álvarez, H. C. - Claimant

Cremades, B. M. - Respondent
370.00 mln USD 70.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

National treatment

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 5 March 2008

Order taking note of the discontinuance issued by the Tribunal dated 20 May 2009, pursuant to Arbitration Rule 43(1)
None None None None None None
21 2004 Duke Energy v. Ecuador Duke Energy Electroquil Partners and Electroquil S.A. v. Republic of Ecuador (ICSID Case No. ARB/04/19) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Ownership interest in local power generation company.

Summary: Claims arising out of alleged breaches of several agreements entered into between the parties for electrical power generation and supply to the city of Guayaquil in Ecuador.
Ownership interest in local power generation company. Decided in favour of investor Ecuador United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Kaufmann-Kohler, G. - President

Gómez-Pinzón, E. - Claimant

van den Berg, A. J. - Respondent
25.00 mln USD 5.60 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures

Other
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Award dated 18 August 2008 None None None None None None
22 2003 Encana v. Ecuador EnCana Corporation v. Republic of Ecuador (LCIA Case No. UN3481) Canada - Ecuador BIT (1996) UNCITRAL LCIA Investment: Ownership of local subsidiaries that had entered into participation contracts for the exploration and exploitation of oil and gas reserves with Petroecuador, a State-owned entity.

Summary: Claims arising out of VAT refunds to which the claimant's subsidiaries were allegedly entitled under Ecuadorian laws and regulations.
Ownership of local subsidiaries that had entered into participation contracts for the exploration and exploitation of oil and gas reserves with Petroecuador, a State-owned entity. Decided in favour of State Ecuador Canada Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Crawford, J. R. - President

Grigera Naón, H. A. - Claimant

Barrera Sweeney, P. - Respondent

Barrera Valverde, A. - Respondent (replaced)
80.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Other
None - all claims dismissed at the merits stage Award dated 3 February 2006

Partial Award on Jurisdiction dated 27 February 2004
Partial Dissenting Opinion of Mr. Horacio A. Grigera Naón (Award) None None None None None
23 2003 MCI v. Ecuador M.C.I. Power Group, L.C. and New Turbine, Inc. v. Republic of Ecuador (ICSID Case No. ARB/03/6) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Ownership of a company that was party to a contract for the sale of electricity with Ecuador’s Electricity Institute.

Summary: Claims arising out of a series of differences between the investor and Ecuador’s Electricity Institute regarding the execution of a contract concerning an electric power generation project, including the suspension of operations alleging the non-payment of invoices, and the subsequent termination of the contract.
Ownership of a company that was party to a contract for the sale of electricity with Ecuador’s Electricity Institute. Decided in favour of State Ecuador United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Vinuesa, R. E. - President

Greenberg, B. J. - Claimant

Irarrázabal, J. - Respondent
Data not available Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Award dated 31 July 2007 None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on Annulment dated 19 October 2009 (ICSID annulment proceedings) None Hascher, D. - President

Danelius, H. - Member

Tomka, P. - Member
24 2002 IBM v. Ecuador IBM World Trade Corp. v. Republic of Ecuador (ICSID Case No. ARB/02/10) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Rights under an informatics services concession contract.

Summary: Claims arising out of the alleged lack of payment of monies to the investor's wholly-owned subsidiary under a concession contract entered into with the Ecuadorian Ministry of Finances and Public Credit.
Rights under an informatics services concession contract. Settled Ecuador United States of America Tertiary: J - Information and communication 63 - Information service activities Jijón Letort, R. - President

Ponce Martínez, A. - Unknown

Roldós Aguilera, L. - Unknown
4.70 mln USD 3.50 mln USD Unclear Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 22 December 2003

Award embodying the parties' settlement agreement dated 22 July 2004
Dissenting Vote of Mr. León Roldós Aguilera (Decision on Jurisdiction) None None None None None
25 2002 Occidental v. Ecuador (I) Occidental Exploration and Production Company v. Republic of Ecuador (I) (LCIA Case No. UN3467) Ecuador - United States of America BIT (1993) UNCITRAL LCIA Investment: Rights under a participation contract for the exploration and exploitation of hydrocarbons.

Summary: Claims arising out of resolutions issued by the Ecuadorian tax authority denying applications for VAT refunds by Occidental, and requiring the return of the amounts previously reimbursed in connection with a participation contract entered into by the claimant with Petroecuador, a State-owned corporation of Ecuador, to undertake oil exploration and production in Ecuador.
Rights under a participation contract for the exploration and exploitation of hydrocarbons. Decided in favour of investor Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Orrego Vicuña, F. - President

Brower, C. N. - Claimant

Barrera Sweeney, P. - Respondent
201.50 mln USD 71.50 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Award dated 1 July 2004 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Challenge to Arbitral Award, [2006] EWHC 345 (Comm), dated 2 March 2006 (Judicial review by national courts)

Challenge to Arbitral Award (Appeal Court), [2007] EWCA Civ 656 dated 4 July 2007 (Judicial review by national courts)
None None