Case Details

M.C.I. Power Group, L.C. and New Turbine, Inc. v. Republic of Ecuador (ICSID Case No. ARB/03/6)

Subject of Dispute:

Electric power generation project
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Ecuador - United States of America 1993
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

M.C.I. Power Group, L.C. (U.S.), New Turbine, Inc. (U.S.)
Respondent(s):

Republic of Ecuador (Ecuadorian)
Date Registered:

April 8, 2003
Date of Constitution of Tribunal:

September 11, 2003

Composition of Tribunal

President:

Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Benjamin J. GREENBERG (Canadian) - Appointed by the Claimant(s)
Jaime C. IRARRÁZABAL (Chilean) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Appleton & Associates International Lawyers, Toronto, Canada
Astigarraga Davis, Miami, FL, U.S.A.
Respondent(s):

Cabezas & Wray Abogados, Quito, Ecuador
Latham & Watkins, London, U.K.
Procurador General del Estado, Quito, Ecuador
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 31, 2007 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

December 6, 2007 (Claimant(s))
Date of Constitution of ad hoc Committee:

April 7, 2008

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Dominique HASCHER (French)
Members:

Hans DANELIUS (Swedish)
Peter TOMKA (Slovak)

Party Representatives

Claimant(s):

Appleton & Associates International Lawyers, Toronto, Canada
Astigarraga Davis Mullins & Grossman, Miami, FL, U.S.A.
Respondent(s):

Cabezas & Wray Abogados, Quito, Ecuador
Foley Hoag, Washington, D.C., U.S.A
Procurador General del Estado, Quito, Ecuador
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 19, 2009 - The ad hoc Committee issues a decision on annulment.

(a) Annulment Proceeding

Published Decisions

Decision on the Application for Annulment

Available on the ICSID Website

Decision on the Application for Annulment (October 19, 2009) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
April 8, 2003	The Acting Secretary-General registers a request for institution of arbitration proceedings.
September 11, 2003	The Tribunal is constituted. Its members are: Raúl E. Vinuesa (Argentine), President; Benjamin J. Greenberg (Canadian); and Jaime C. Irarrazábal (Chilean).
November 7, 2003	The Tribunal holds its first session in Washington, D.C.
February 20, 2004	The Claimants file its memorial.
June 16, 2004	The Respondent raises objections to jurisdiction.
July 26, 2004	The Respondent files its memorial on jurisdiction.
August 23, 2004	The Claimants file their counter-memorial on jurisdiction.
September 14, 2004	The Respondent files its reply on jurisdiction.
October 1, 2004	The Claimants file their rejoinder on jurisdiction.
December 13, 2004 - December 14, 2004	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
April 4, 2005	The Tribunal issues a procedural order joining the objections to jurisdiction to the merits.
June 3, 2005	The Respondent files its counter-memorial on the merits.
July 22, 2005	The Claimants file a reply on the merits.
August 31, 2005	The Respondent files a rejoinder on the merits.
February 2, 2006	The Tribunal issues a procedural order concerning the organization of the hearing on the merits.
March 20, 2006 - March 24, 2006	The Tribunal holds a hearing on the merits in Washington, D.C.
May 31, 2007	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 31, 2007	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
November 17, 2007	The Secretary-General registers an application for the institution of annulment proceedings.
April 7, 2008	The ad hoc Committee is constituted. Its members are: Dominique Hascher (French), President; Hans Danelius (Swedish); and Peter Tomka (Slovak).
May 16, 2008	The ad hoc Committee holds a first session in Paris.
August 15, 2008	M.C.I. Power Group, L.C. and New Turbine, Inc. file a memorial on annulment.
November 24, 2008	The Republic of Ecuador files a counter-memorial on annulment.
December 12, 2008	The proceeding is suspended, pursuant to the parties' agreement.
February 6, 2009	M.C.I. Power Group, L.C. and New Turbine, Inc. file a reply on annulment.
April 27, 2009	The Republic of Ecuador files a rejoinder on annulment.
June 8, 2009	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
September 17, 2009	The ad hoc Committee declares the proceeding closed.
October 19, 2009	The ad hoc Committee issues a decision on annulment.