Case Details

Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11)

Proceeding Materials Procedural Details

  • Hydrocarbon concession
  • Oil, Gas & Mining
  • BIT Ecuador - United States of America 1993 - Contract
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Occidental Exploration and Production Company (U.S.), Occidental Petroleum Corporation (U.S.)
    • Republic of Ecuador (Ecuadorian)
    • July 13, 2006
    • February 6, 2007

      Composition of Tribunal

    • L. Yves FORTIER (Canadian) - Appointed by the Chairman of the Administrative Council
    • Brigitte STERN (French) - Appointed by the Chairman of the Administrative Council
      David A.R. WILLIAMS (New Zealand) - Appointed by the Claimant(s)

      Party Representatives

    • Covington & Burling, London, U.K.
      Debevoise & Plimpton, New York, NY, U.S.A.
    • Dechert, Paris, France
      Procurador General del Estado, Quito, Ecuador
      Squire, Sanders & Dempsey, Cleveland, OH, U.S.A.
    • English,Spanish
    • Concluded
    • October 5, 2012 - The Tribunal renders its award; attached to the award is a dissenting opinion by one of the arbitrators.

    (b) Annulment Proceeding

    • Respondent(s)
    • October 11, 2012 (Respondent(s))
    • January 18, 2013

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

    • Juan FERNÁNDEZ-ARMESTO (Spanish)
    • Florentino P. FELICIANO (Philippine)
      Rodrigo OREAMUNO (Costa Rican)

      Party Representatives

    • Covington & Burling, London, U.K.
      Debevoise & Plimpton, New York, NY, U.S.A.
      Three Crowns, London, U.K.
    • Dechert, Paris, France
      Procurador General del Estado, Quito, Ecuador
      Squire Patton Boggs (US), New York, NY, Washington, D.C., and Cleveland, OH, U.S.A.
    • English,Spanish
    • Concluded
    • November 2, 2015 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Provisional Measures

Decision on Jurisdiction

Award

Dissenting Opinion

Available on the ICSID Website

Decision on Provisional Measures (August 17, 2007) English (Original); Spanish (Original)

Decision on Jurisdiction (September 9, 2008) English (Original); Spanish (Original)

Award (October 5, 2012) English (Original); Spanish (Original)

Dissenting Opinion (October 5, 2012) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Procedural Order No. 1

Annex 1 to Procedural Order No. 1

Annex 2 to Procedural Order No. 1

Decision on the Stay of Enforcement of the Award

Decision on the Request to Modify the Decision on the Stay of Enforcement of the Award

Decision on Annulment

Available on the ICSID Website

Procedural Order No. 1 (April 10, 2013) English (Original)

Annex 1 to Procedural Order No. 1 (April 10, 2013) English (Original)

Annex 2 to Procedural Order No. 1 (April 10, 2013) English (Original)

Decision on the Stay of Enforcement of the Award (September 30, 2013) English (Original)

Decision on the Request to Modify the Decision on the Stay of Enforcement of the Award (September 23, 2014) English (Original)

Decision on Annulment (November 2, 2015) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
July 13, 2006 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
September 29, 2006 The Claimants withdraw all claims advanced against Petroecuador in the request for arbitration.
October 13, 2006 The Secretary-General fixes a schedule for the filing of written pleadings pursuant to ICSID Arbitration Rule 39(5).
October 18, 2006 The Claimants file an application for provisional measures.
December 1, 2006 The Respondent files observations on the Claimants' application for provisional measures.
December 15, 2006 The Claimants file a reply on provisional measures.
December 30, 2006 The Respondent files a rejoinder on provisional measures.
February 6, 2007 The Tribunal is constituted. Its members are: L. Yves Fortier (Canadian), President; Brigitte Stern (French); and David A.R. Williams (New Zealand).
May 2, 2007 - May 3, 2007 The Tribunal holds its first session and a hearing on the application for provisional measures in Washington, D.C.
July 23, 2007 The Claimants file a memorial on liability.
August 17, 2007 The Tribunal issues a decision on provisional measures.
September 17, 2007 The Claimants file a memorial on quantum.
February 11, 2008 The Tribunal issues a procedural order concerning the procedural calendar.
March 7, 2008 The Respondent files a memorial on jurisdiction.
April 4, 2008 The Claimants file a counter-memorial on jurisdiction.
April 23, 2008 The Respondent file a reply on jurisdiction.
May 9, 2008 The Respondent files a request for production of documents.
May 12, 2008 The Claimants file a rejoinder on jurisdiction.
May 22, 2008 - May 23, 2008 The Tribunal holds a hearing on jurisdiction in Paris.
June 16, 2008 The Respondent files a counter-memorial on liability and a counter-claim.
August 11, 2008 The Claimants file a reply on liability and a response to the Respondent's counter-claim.
September 4, 2008 The Respondent files a request for production of documents.
September 9, 2008 The Tribunal issues a decision on jurisdiction.
September 11, 2008 The Respondent files a request for production of documents.
September 19, 2008 The Respondent files a rejoinder on liability and a reply to the Claimants' response of August 11, 2008.
September 23, 2008 The Tribunal issues a procedural order concerning production of documents.
October 3, 2008 The Claimants file a request for production of documents.
October 10, 2008 The Tribunal issues a further procedural order concerning production of documents
October 20, 2008 The Tribunal issues a further procedural order concerning production of documents.
November 17, 2008 The Claimants file a rejoinder to the Respondent’s reply of September 19, 2008.
December 2, 2008 The Tribunal issues a procedural order concerning the organization of the hearing on liability.
December 13, 2008 - December 20, 2008 The Tribunal holds a hearing on liability in Washington, D.C.
February 13, 2009 The parties file post-hearing briefs.
March 9, 2009 The Respondent files a counter-memorial on quantum and a memorial on counter-claim damages.
March 20, 2009 - March 21, 2009 The Tribunal holds a hearing on liability in Paris.
June 12, 2009 The Claimants files a reply on quantum and a counter-memorial on counter-claim damages.
August 11, 2009 The Respondent files objections to the admissibility of certain claims.
August 20, 2009 The Claimants file observations on the Respondent’s objections of August 11, 2009.
August 27, 2009 The Respondent files a response to the Claimants' observations of August 20, 2009.
August 28, 2009 The Claimants file a reply on admissibility of certain claims.
August 31, 2009 The Tribunal issues a procedural order concerning the admissibility of certain claims.
September 8, 2009 The Respondent files a rejoinder on quantum and a reply on counter-claim damages.
October 15, 2009 The Claimants file a rejoinder on counter-claim damages.
November 3, 2009 - November 7, 2009 The Tribunal holds a hearing on quantum in Paris.
December 18, 2009 The parties file post-hearing briefs on quantum and counter-claim damages.
January 22, 2010 The parties file reply post-hearing briefs on quantum and counter-claim damages.
February 4, 2010 The Tribunal holds a hearing on quantum in Washington D.C.
March 11, 2011 The Tribunal issues a procedural order concerning production of further expert evidence.
June 20, 2011 The Tribunal issues a procedural order concerning the production of further expert evidence.
June 30, 2011 The Tribunal holds an evidentiary hearing in Washington, D.C.
October 6, 2011 The Tribunal poses questions to the parties.
November 3, 2011 Each party files answers to the questions posed by the Tribunal on October 6, 2011.
November 22, 2011 Each party files observations on the other party's answers of November 3, 2011.
April 12, 2012 The Tribunal holds a hearing on quantum in London.
April 12, 2012 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 30, 2012 Each party files a statement of costs.
October 5, 2012 The Tribunal renders its award; attached to the award is a dissenting opinion by one of the arbitrators.

(b) Annulment Proceeding

Date Development
October 11, 2012 The Secretary-General registers an application for annulment of the award filed by the Republic of Ecuador, and notifies the parties of the provisional stay of enforcement of the award.
January 18, 2013 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Juan Fernandez-Armesto (Spanish), President; Florentino P. Fliciano (Philippine), and Rodrigo Oreamuno (Costa Rican); all members appointed by the Chairman of the Administrative Council.
February 13, 2013 Occidental Petroleum Corporation and Occidental Exploration and Production Company file a request to terminate the stay of enforcement of the award.
March 25, 2013 The ad hoc Committee holds a first session by telephone conference.
April 5, 2013 The Republic of Ecuador files observations on Occidental Petroleum Corporation and Occidental Exploration and Production Company's request to terminate the stay of enforcement of the award.
April 10, 2013 The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
April 22, 2013 Occidental Petroleum Corporation and Occidental Exploration and Production Company's file a reply to the Republic of Ecuador's observations of April 05, 2013.
May 6, 2013 The Republic of Ecuador files a rejoinder on Occidental Petroleum Corporation and Occidental Exploration and Production Company's reply of April 22, 2013.
May 13, 2013 The ad hoc Committee holds a hearing on the stay of enforcement of the award in Paris.
August 12, 2013 The Republic of Ecuador files a memorial on annulment.
September 30, 2013 The ad hoc Committee issues a decision concerning the termination of the stay of enforcement of the award.
October 18, 2013 Occidental Petroleum Corporation and Occidental Exploration and Production Company file a counter-memorial on annulment.
January 6, 2014 The Republic of Ecuador files a reply on annulment.
February 28, 2014 Occidental Petroleum Corporation and Occidental Exploration and Production Company file a rejoinder on annulment.
April 7, 2014 - April 10, 2014 The ad hoc Committee holds a hearing on annulment in Paris.
August 1, 2014 The Claimants file a request for modification of the Tribunal’s decision of September 30, 2013.
August 28, 2014 The Respondent files observations on the Claimants’ request of August 1, 2014.
September 23, 2014 The ad hoc Committee issues a decision concerning the termination of the stay of enforcement of the award.
June 8, 2015 Each party files a statement of costs.
October 9, 2015 The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
November 2, 2015 The ad hoc Committee issues its decision on annulment.