Arbitral Digest

Matter

M.C.I. Power Group L.C. and New Turbine Inc. v. Republic of Ecuador (ICSID Case No. ARB/03/6)

Case no.
ARB/03/6
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 31 July 2007Arbitration

    31 July 2007Arbitration

    Award dated 31 July 2007

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld Ecuador's principal objection to competence based on the non-retroactivity of the bilateral investment treaty, rejected the other jurisdictional objections, rejected the claims within its competence and the expropriation claim, recorded Ecuador's attorneys' statements about access to Ecuadorian courts, divided the arbitration costs equally, and ordered each party to bear its own legal representation costs.

    Supporting details

    6 participants
    M.C.I. Power Group L.C.
    New Turbine Inc.
    Republic of Ecuador
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Raul E. Vinuesa

    2 years, 2 months and 18 days later · 811 days

  2. 19 October 2009Arbitration

    19 October 2009Arbitration

    Decision on annulment dated 19 October 2009

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee rejected the application for annulment of the Award, ordered M.C.I. Power Group L.C. and New Turbine Inc. jointly to bear the full costs of the annulment proceeding, and ordered each party to bear its own legal representation costs and expenses.

    Supporting details

    3 authorities · 8 participants
    M.C.I. Power Group L.C.
    New Turbine Inc.
    Republic of Ecuador
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Hans Danelius
    Arbitrator
    Peter Tomka
    Institutional administrator
    Natali Sequeira
    Institutional administrator
    Claudia Frutos-Peterson

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington Convention, March 18, 1965)
      statute
    • Treaty between the United States of America and the Republic of Ecuador Concerning the Encouragement and Reciprocal Protection of Investment (United States-Ecuador BIT)
      treaty
    • Vienna Convention on the Law of Treaties, 1969
      treaty

Matter record

Report a correction

M.C.I. Power Group L.C. and New Turbine Inc. v. Republic of Ecuador (ICSID Case No. ARB/03/6) · Matter