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Occidental v. Ecuador (2)

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Case Details

Year of Filing: 2006

Claimant(s): Occidental Petroleum Corporation and Occidental Exploration and Production Company

Respondent(s): Republic of Ecuador

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: Ecuador-USA BIT

Administrative Case Number: ARB/06/11

Arbitral Tribunal

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Major Developments

Key Decision:

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Annulment/Set-Aside Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of Occidental v. Ecuador (2)

Disagreement over domestic law underpins Occidental partial annulment, while challenges to 2008 jurisdictional decision are rejected Nov 3, 2015
Oxy annulment committee upholds tribunal reasoning on proportionality and ‘Law 42’ Nov 3, 2015
Ecuador achieves partial annulment of Occidental award, as annulment committee agrees with dissenting arbitrator with respect to tribunal’s lack of jurisdiction over 40% of oil investment Nov 2, 2015
Ecuador round-up: Key rulings loom in half-dozen cases, including windfall levy disputes, Occidental annulment, and several lesser-noticed arbitrations Apr 10, 2015
In Oxy case, ICSID panel sees no present reason to grant request for partial enforcement of stayed $1.75 bil award so as to offset potential tax collection by Ecuador Sep 24, 2014
ICSID committee opts to stay enforcement of $1.76 billion arbitral award, and takes note of Ecuador’s assurances that it will pay final ICSID awards Oct 2, 2013
Three panelists named to decide fate of billion dollar arbitral award from Occidental v. Ecuador case Jan 22, 2013
Liability ruling in Oxy v. Ecuador arbitration puts spotlight on need for states to mete out treatment that is proportionate Oct 9, 2012
Damages analysis in Oxy v. Ecuador award takes a detour into legality of controversial windfall energy measure Oct 9, 2012
Dissent by Brigitte Stern offers possible blueprint for Ecuador’s bid to annul several holdings in Occidental award Oct 9, 2012
Ecuador must pay $1.76 billion US to Occidental for expropriation of oil investment; largest award ever in bilateral investment treaty case at ICSID Oct 5, 2012
Path cleared for examination of the merits in Occidental v. Ecuador Billion Dollar oil arbitration at ICSID Sep 17, 2008
TRENDS: Ecuador seeing flow of claims challenging energy windfall measures despite recent move to avoid ICSID arbitration Jun 3, 2008