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Burlington v. Ecuador

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Case Details

Year of Filing: 2008

Claimant(s): Burlington Resources, Inc.

Respondent(s): Republic of Ecuador

Arbitral Rules: ICSID

Legal Instrument: Contract, Treaty

Treaty: Ecuador-USA BIT

Administrative Case Number: ARB/08/5

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of Burlington v. Ecuador

ANALYSIS: in quantum ruling, Perenco v. Ecuador tribunal awards damages for each breach independently, and relies on findings of independent expert to value Ecuador’s counterclaim for environmental remediation Sep 30, 2019
Ecuador settles long-running ICSID arbitration with US oil company Dec 4, 2017
Stay of enforcement of $370+ million award is lifted, as ICSID panel does not see clear promise by Ecuador to swiftly comply if award is not overturned, nor a compelling case of economic hardship Sep 1, 2017
Oil consortium investor (Perenco) that pursued its own BIT arbitration fails in belated bid to be treated as alter ego of another claimant (Burlington) in order to escape environmental counterclaim process Aug 24, 2017
Ecuador Round-Up: As remaining bilateral investment treaties are terminated, new developments come to light in ICSID and UNCITRAL cases May 22, 2017
Burlington tribunal confirms power to reconsider decisions, but rejects request on merits; earlier expropriation finding supplemented with further ruling on unlawfulness Feb 13, 2017
Familiar disagreements on valuation date and ex post data arise in Burlington award, alongside new disagreement on contribution to losses Feb 13, 2017
ANALYSIS: Successful counterclaim in Burlington v. Ecuador breaks new ground, as tribunal has to evaluate quantum of environmental damage Feb 13, 2017
Ecuador ordered to pay $379 million for expropriation of US investor’s oil blocks; state says it was awarded damages for environmental counterclaim, and plans annulment of final award Feb 8, 2017
Ecuador round-up: Key rulings loom in half-dozen cases, including windfall levy disputes, Occidental annulment, and several lesser-noticed arbitrations Apr 10, 2015
Tribunal addresses flouted provisional measures in Perenco case; damages still to be heard, but comparisons with Burlington case come into focus Sep 23, 2014
Arbitrators picked for Venezuela, Costa Rica and Kazakhstan cases, and replacement is named after disqualification in Burlington v. Ecuador Jan 13, 2014
Arbitrator’s reaction to challenge becomes crucial evidence that leads to his removal in Burlingon v. Ecuador case; separate challenges rejected in Repsol v. Argentina case Dec 16, 2013
In Ecuador arbitration, Francisco Orrego Vicuna takes broad view of umbrella clauses, and defends position taken in CMS v. Argentina case Jan 2, 2013
Ecuador liable for expropriation after seizing oil-fields, but many other measures fall short of breaching treaty protections owed to Burlington Dec 21, 2012
Majority of Kaufmann-Kohler and Stern reject claim that Ecuador’s windfall profits tax is an expropriation of Burlington’s investment Dec 21, 2012
Tax exclusion clause in US-Ecuador BIT foils some claims by US energy company (Burlington Resources) hit by energy windfall levy; arbitrators will hear expropriation claim Jun 27, 2010
Arbitrators analyze umbrella clause in US-Ecuador treaty, but split on their readings of an earlier tribunal ruling Jun 27, 2010
Failure by oil corp to give Ecuador prior notice of treaty violations thwarts claims rooted in indigenous opposition to oil development Jun 27, 2010
Another ICSID tribunal orders that Ecuador refrain from chasing foreign oil company for windfall tax payments Jul 17, 2009
Ecuador settles contract arbitration with City Oriente; Claim was first of several to challenge windfall oil royalties Aug 7, 2008
TRENDS: Ecuador seeing flow of claims challenging energy windfall measures despite recent move to avoid ICSID arbitration Jun 3, 2008