Case Details

Murphy Exploration and Production Company International v. Republic of Ecuador (ICSID Case No. ARB/08/4)

Subject of Dispute:

Hydrocarbon concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Ecuador - United States of America 1993
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Murphy Exploration and Production Company International (U.S.)
Respondent(s):

Republic of Ecuador (Ecuadorian)
Date Registered:

April 15, 2008
Date of Constitution of Tribunal:

October 20, 2008

Composition of Tribunal

President:

Rodrigo OREAMUNO (Costa Rican) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, Houston, TX, U.S.A.
Pérez Bustamente & Ponce, Quito, Ecuador
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 15, 2010 - The Tribunal renders its award; attached to the award is a dissenting opinion by one of the arbitrators.

(a) Original Proceeding

Published Decisions

Award

Dissenting Opinion (Attached to the Award)

Available on the ICSID Website

Award (December 15, 2010) English (Original)

Award (December 15, 2010) Spanish (Original)

Dissenting Opinion (Attached to the Award) (December 15, 2010) English (Original)

Dissenting Opinion (Attached to the Award) (December 15, 2010) Spanish (Original)

(a) Original Proceeding

Date	Development
April 15, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
July 29, 2008	The Claimant files a request for provisional measures.
August 5, 2008	The Acting Secretary-General fixes time limits for the parties to present observations on the Claimant’s request for provisional measures pursuant to ICSID Arbitration Rule 39(5).
October 20, 2008	The Tribunal is constituted. Its members are: Rodrigo Oreamuno (Costa Rican), President; Horacio A. Grigera Naón (Argentine); and Raúl E. Vinuesa (Argentine).
November 5, 2008	The Respondent files observations on the Claimant’s request for provisional measures.
December 1, 2008	The Claimant files a reply on provisional measures.
December 10, 2008	The Tribunal holds a first session in Washington, D.C.
December 22, 2008	The Respondent files a rejoinder on provisional measures.
March 13, 2009	The Claimant withdraws its request for provisional measures.
April 30, 2009	The Claimant files a memorial on the merits.
August 15, 2009	The Respondent files a memorial on jurisdiction.
October 16, 2009	The Claimant files a counter-memorial on jurisdiction.
October 16, 2009	The Respondent files a counter-memorial on the merits.
January 30, 2010	The Claimant files a reply on the merits.
April 5, 2010 - April 6, 2010	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
June 7, 2010	The Respondent files a rejoinder on the merits.
December 15, 2010	The Tribunal renders its award; attached to the award is a dissenting opinion by one of the arbitrators.