Background: Ecuador denies income tax exemptions to Albacora’s local tuna fishing operations

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No excess of mandate at the jurisdictional stage, since parties have not spelled out their claims on the merits

International public policy protects the parties’ right to contribute equally to the tribunal’s constitution

Challenge to the tribunal’s constitution deemed to have been waived

Disputes were similar in both notices, as they arose out of the same facts

Obligation to resolve dispute amicably supports conclusion that first notice was a mere notice of dispute

Claimant could validly specify that initial notification was not a formal notice of arbitration

Challenge to procedural order is admissible

Background: State-owned oil and gas transport company unilaterally terminates construction contract for LPG terminal

Ecuador is ordered to bear 85% of MAESSA’s costs

Ecuador receives two notices of arbitration, but claimants ask that the first notice be construed as a mere notice of dispute

Tribunal has prima facie jurisdiction over MAESSA’s claims

Adoption of PO2 did not violate Ecuador’s procedural right or exceed the tribunal’s mandate

Tribunal renders PO2, deciding that Notice 1 is a notice of dispute, and Notice 2 is a notice of arbitration

Tribunal stresses that TESCA and GLP are not parties to the arbitration

Only MAESSA, but not SEMI, complied with the BIT’s mandatory cooling-off period; Tribunal declines jurisdiction over SEMI’s claims

Tribunal sees no breach of the claimant’s legitimate expectations absent a “formal and unambiguous promise” that the income tax exemption would apply

The tribunal can consider questions of Ecuadorian law as part of the BIT claim

Tribunal accepts to import umbrella clause from the Ecuador-UK BIT, but finds no violation of that clause

Costs are apportioned between the parties

Denial of income tax exemptions did not breach non-impairment provision

Tribunal finds that the claimant’s right to claim income tax exemptions was “uncertain”

Corporate restructuring does not amount to an abuse of process

Parallel proceedings before Ecuadorian courts do not affect the tribunal’s jurisdiction

Albacora is entitled to bring a claim on behalf of the subsidiaries

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