Arbitral Digest

Matter

Murphy Exploration and Production Company International v. Republic of Ecuador (ICSID Case No. ARB/08/4)

Case no.
ARB/08/4
Applicable rules
ICSID Arbitration Rules · ICSID Institution Rules
  1. 15 December 2010Arbitration

    15 December 2010Arbitration

    Award on Jurisdiction dated 15 December 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously rejected Ecuador's objection based on its Article 25(4) notification. By majority, it upheld Ecuador's objection based on Murphy International's failure to comply with the six-month consultation and negotiation period in Article VI of the United States-Ecuador BIT, declared that ICSID lacked jurisdiction and the Tribunal lacked competence, and allocated the tribunal and Centre fees equally while requiring each party to bear its own legal fees and institutional costs.

    Supporting details

    11 authorities · 13 participants
    Murphy Exploration and Production Company International
    Representative
    Craig S. Miles (For: Murphy Exploration and Production Company International)
    Representative
    Roberto J. Aguirre-Luzi (For: Murphy Exploration and Production Company International)
    Representative
    Esteban A. Leccese (For: Murphy Exploration and Production Company International)
    Representative
    Mark Clodfelter (For: Murphy Exploration and Production Company International)
    Republic of Ecuador
    Representative
    Bruno Leurent (For: Republic of Ecuador)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Raul E. Vinuesa
    Other

    Authorities cited

    11
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Treaty between Ecuador and the United States concerning the Encouragement and Reciprocal Protection of Investment (Ecuador-United States Bilateral Investment Treaty of August 27, 1993)
      statute
    • Vienna Convention on the Law of Treaties, 1969
      statute
    • Ecuador Law No. 42-2006 (Law No. 42-2006)
      statute
    • Burlington Resources Inc. v. Republic of Ecuador (ICSID Case No. ARB/08/5, Decision on Jurisdiction of June 2, 2010)
      case-law
    • Ronald S. Lauder v. The Czech Republic (UNCITRAL Case, Award of September 3, 2001)
      case-law
    • SGS Societe Generale de Surveillance S.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/01/13, Decision on Jurisdiction of August 6, 2003)
      case-law
    • Enron Corporation and Ponderosa Assets, L.P. v. The Argentine Republic (ICSID Case No. ARB/01/3, Decision on Jurisdiction of January 14, 2004)
      case-law
    • Travelling the BIT Route of Waiting Periods, Umbrella Clauses and Forks in the Road (Christoph Schreuer, The Journal of World Investment & Trade, Vol. 5, No. 2, April 2004)
      academic
    • Banro American Resources, Inc. and Societe Aurifere du Kivu et du Maniema S.A.R.L. v. Democratic Republic of the Congo (ICSID Case No. ARB/98/7, Award, September 1, 2000)
      case-law
    • Burlington Resources Inc. v. Republic of Ecuador (ICSID Case No. ARB/08/5, Award, June 2, 2010)
      case-law

Matter record

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Murphy Exploration and Production Company International v. Republic of Ecuador (ICSID Case No. ARB/08/4) · Matter