Arbitral Digest

Matter

Duke Energy Electroquil Partners and Electroquil S.A. v. Republic of Ecuador (ICSID Case No. ARB/04/19)

Case no.
ARB/04/19
Seat
United States
Applicable rules
ICSID Arbitration Rules (2003)
  1. 24 February 2006United States

    24 February 2006United States

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal denied the Respondent's request that the Claimants confirm that a section of their Reply concerned the merits and that their rejoinder on jurisdiction be limited accordingly.

    Supporting details

    International Centre for Settlement of Investment Disputes

    27 days later · 27 days

  2. 23 March 2006United States

    23 March 2006United States

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal issued directions organizing the forthcoming hearing on jurisdiction and the merits, including directions on witnesses, testimony, opening statements, time allocation, demonstratives, new documents, and transcripts.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 11 days later · 42 days

  3. 4 May 2006United States

    4 May 2006United States

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal granted both parties time limits for simultaneous post-hearing briefs and rebuttal briefs and invited submissions on specified factual, legal, interest, agreement, customs-duty, and Civil Code matters.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 years, 3 months and 14 days later · 837 days

  4. 18 August 2008United States

    18 August 2008United States

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld jurisdiction over all claims except customs-duty claims. It found breaches of the United States-Ecuador BIT, the power purchase agreements, and Ecuadorian law concerning the payment guarantee and specified fines; ordered Ecuador to pay USD 5,578,566 plus specified interest and USD 96,980.64 with interest; found no breach of Articles II(3)(b) and II(7) of the BIT; apportioned arbitration costs equally; required each party to bear its own legal fees; and dismissed all other claims.

    Supporting details

    6 authorities · 19 participants
    Duke Energy Electroquil Partners
    Electroquil S.A.
    Republic of Ecuador
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Gonzalo Flores
    Other

    Authorities cited

    6
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States)
      statute
    • Agreement between the United States of America and the Republic of Ecuador Concerning the Reciprocal Promotion and Protection of Investments (United States-Ecuador Bilateral Investment Treaty, 27 August 1993)
      statute
    • Ecuadorian Civil Code
      statute
    • Case concerning the Factory at Chorzow (Germany v. Poland) (1928 PCIJ Series A No. 17)
      case law
    • S.D. Myers, Inc. v. Government of Canada (UNCITRAL Second Partial Award, 21 October 2002)
      case law
    • Marvin Feldman v. United Mexican States (ICSID Case No. ARB(AF)/99/1, 16 December 2002)
      case law

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Duke Energy Electroquil Partners and Electroquil S.A. v. Republic of Ecuador (ICSID Case No. ARB/04/19) · Matter