Matter
Duke Energy Electroquil Partners and Electroquil S.A. v. Republic of Ecuador (ICSID Case No. ARB/04/19)
Arbitration involving Duke Energy Electroquil Partners and Electroquil S.A. v. Republic of Ecuador; a linked record states that 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.
Procedural record
- 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.
Participants
International Centre for Settlement of Investment Disputes
27 days later · 27 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
1 month and 11 days later · 42 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
2 years, 3 months and 14 days later · 837 days
- 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.
Participants
Duke Energy Electroquil Partners
Electroquil S.A.
Republic of Ecuador
International Centre for Settlement of Investment Disputes
- Arbitrator
- Gabrielle Kaufmann-Kohler
- Arbitrator
- Enrique Gomez Pinzon
- Arbitrator
- Albert Jan van den Berg
- Tribunal secretary
- Gonzalo Flores
Other
- Witness
- Gustavo Larrea Real
- Witness
- Mickey John Peters
- Witness
- John Theodore Sickman
- Witness
- Ramiro Tumbaco
- Expert
- Alejandro Ponce Martinez
- Expert
- Brent C. Kaczmarek
- Witness
- Edgar Santos Jativa
- Witness
- Pablo Teran Ribadeneira
- Witness
- Vladimiro Alvarez Grau
- Expert
- Luis Parraguez Ruiz
- Expert
- Alfredo Mancero Saman
- Witness
- Walter Spurrier Baquerizo