Arbitral Digest

Matter

Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11)

Case no.
ARB/06/11
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 17 August 2007Arbitration

    17 August 2007Arbitration

    Decision on Provisional Measures dated 17 August 2007

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimants' amended application for provisional measures and made no order as to costs at that stage.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • ICSID Arbitration Rules in force as of April 10, 2006 (ICSID Arbitration Rules, 2006)
      rules

    1 year and 23 days later · 389 days

  2. 9 September 2008Arbitration

    9 September 2008Arbitration

    Decision on Jurisdiction dated 9 September 2008

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied both jurisdictional objections and Ecuador's alternative request to stay the arbitration, declared that it had jurisdiction over both Claimants' claims, and reserved costs.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • ICSID Arbitration Rules in force as of April 10, 2006 (ICSID Arbitration Rules, 2006)
      rules
    • Treaty Between the United States of America and the Republic of Ecuador Concerning the Encouragement and Reciprocal Protection of Investment (1993 United States-Ecuador investment treaty)
      treaty

    4 years and 26 days later · 1487 days

  3. 5 October 2012Arbitration

    5 October 2012Arbitration

    Award dated 5 October 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found treaty and Ecuadorian-law breaches, awarded the Claimants US$1,769,625,000 in damages with pre-award and post-award interest, dismissed the counterclaims except for the specified contractual breach, and allocated ICSID and Tribunal costs equally while each party bore its own costs.

    Supporting details

    2 authorities · 3 participants
    Occidental Petroleum Corporation
    Occidental Exploration and Production Company
    Republic of Ecuador
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Treaty Between the United States of America and the Republic of Ecuador Concerning the Encouragement and Reciprocal Protection of Investment (1993 United States-Ecuador investment treaty)
      treaty

    6 months and 5 days later · 187 days

  4. 10 April 2013Arbitration

    10 April 2013Arbitration

    Procedural Order No. 1 dated 10 April 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee set the procedural rules governing the annulment proceeding, including the applicable ICSID Arbitration Rules, constitution, place of proceeding, languages, written and oral procedures, evidence, hearings, publication, and other procedural matters.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • ICSID Arbitration Rules in force as of April 10, 2006 (ICSID Arbitration Rules, 2006)
      rules

    5 months and 20 days later · 173 days

  5. 30 September 2013Arbitration

    30 September 2013Arbitration

    Decision on the Stay of Enforcement of the Award dated 30 September 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee continued the stay of enforcement of the Award unconditionally for the time being and reserved the decision on costs.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • ICSID Arbitration Rules in force as of April 10, 2006 (ICSID Arbitration Rules, 2006)
      rules

    11 months and 24 days later · 358 days

  6. 23 September 2014Arbitration

    23 September 2014Arbitration

    Decision on the Request to Modify the Decision on the Stay of Enforcement of the Award dated 23 September 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee found the request to modify the stay premature and required Ecuador to inform the Committee in advance before taking action to enforce the Tax Judgment against any Claimant or its assets.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • ICSID Arbitration Rules in force as of April 10, 2006 (ICSID Arbitration Rules, 2006)
      rules

    1 year, 1 month and 10 days later · 405 days

  7. 2 November 2015United States

    2 November 2015United States

    Decision on Annulment dated 2 November 2015

    International Centre for Settlement of Investment Disputes ad hoc Committee

    Decision summary
    The Committee unanimously partially annulled the Award for manifest excess of powers because the Tribunal assumed jurisdiction over the investment beneficially owned by Andes, reducing the proper compensation to US$1,061,775,000. The remainder of the Award was unaffected; the other annulment grounds were rejected; each party was ordered to bear one half of the ICSID costs and its own litigation costs and expenses; and the stay of enforcement was terminated.

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Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11) · Matter