Case Details

Burlington Resources, Inc. v. Republic of Ecuador (ICSID Case No. ARB/08/5)

Proceeding Materials Procedural Details

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

    (a) Original Proceeding

    • Burlington Resources, Inc. (U.S.)
    • Republic of Ecuador (Ecuadorian)
    • June 2, 2008
    • November 18, 2008

      Initial Composition of Tribunal

    • Gabrielle KAUFMANN-KOHLER (Swiss)
    • Francisco ORREGO VICUÑA (Chilean)
      Brigitte STERN (French)
    • January 10, 2014: Stephen L. DRYMER (Canadian) appointed following the disqualification of Francisco ORREGO VICUÑA (Chilean)

      Party Representatives

    • Freshfields Bruckhaus Deringer, New York, NY and Washington, D.C., U.S.A.
      King & Spalding, Houston, TX, U.S.A.
      Paz Horowitz Robalino Garcés, Quito, Ecuador
    • Dechert, Paris, France
      Procurador General del Estado, Quito, Ecuador
    • English,Spanish
    • Concluded
    • February 7, 2017 - The Tribunal issues a decision on counterclaims.

      The Tribunal issues a decision on the request for reconsideration and renders its award.

    (b) Annulment Proceeding

    • Respondent(s)
    • February 14, 2017
    • May 15, 2017

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

    • Andrés RIGO SUREDA (Spanish)
    • Piero BERNARDINI (Italian)
      Vera VAN HOUTTE (Belgian)

      Party Representatives

    • Freshfields Bruckhaus Deringer, New York, NY and Washington, D.C., U.S.A.
      King & Spalding, Houston, TX, U.S.A.
      Senior Vice-President Legal, General Counsel, ConocoPhillips, Houston, TX, U.S.A.
      Deputy General Counsel, Litigation and Arbitration, ConocoPhillips, Houston, TX, U.S.A.
    • Dechert, Paris, France
      Pierre Mayer, Paris, France
      Procurador General del Estado, Quito, Ecuador
    • English,Spanish
    • Concluded
    • December 8, 2017 - The Secretary-General issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Decision on Jurisdiction

Decision on Liability

Dissenting Opinion

Decision on the Proposal for Disqualification of Professor Francisco Orrego Vicuña

Decision on Counterclaims

Decision on Reconsideration and Award

Available on the ICSID Website

Procedural Order No. 1 (June 29, 2009) English (Original); Spanish (Original)

Decision on Jurisdiction (June 2, 2010) English (Original); Spanish (Original)

Decision on Liability (December 14, 2012) English (Original); Spanish (Original)

Dissenting Opinion (December 14, 2012) English (Original); Spanish (Original)

Decision on the Proposal for Disqualification of Professor Francisco Orrego Vicuña (December 13, 2013) English (Original)

Decision on Counterclaims (February 7, 2017) English (Original); Spanish (Original)

Decision on Reconsideration and Award (February 7, 2017) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Stay of Enforcement of the Award

Available on the ICSID Website

Decision on Stay of Enforcement of the Award (August 31, 2017) English (Original)

(a) Original Proceeding

Date Development
June 2, 2008 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
November 18, 2008 The Tribunal is constituted. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President; Francisco Orrego Vicuña (Chilean); and Brigitte Stern (French).
January 20, 2009 The Tribunal holds a first session in Paris.
February 20, 2009 The Claimants file a request for provisional measures.
March 17, 2009 The Republic of Ecuador files observations on the Claimants' request for provisional measures.
March 27, 2009 The Claimants file a reply on provisional measures.
April 6, 2009 The Republic of Ecuador files a rejoinder on provisional measures.
April 17, 2009 The Tribunal holds a hearing on provisional measures in Washington, D.C.
April 20, 2009 The Claimants file a memorial on the merits.
June 29, 2009 The Tribunal issues Procedural Order No. 1 concerning provisional measures.
July 20, 2009 The Respondents file a memorial on jurisdiction.
October 20, 2009 The Claimant files a counter-memorial on jurisdiction.
October 29, 2009 The Tribunal issues Procedural Order No. 2 concerning the withdrawal of certain claims and the revocation of its procedural order of June 29, 2009.
The President of the Tribunal holds a pre-hearing teleconference with the parties.
October 30, 2009 The President of the Tribunal holds a pre-hearing teleconference with the parties.
January 22, 2010 The Tribunal holds a hearing on jurisdiction in Paris.
June 2, 2010 The Tribunal issues a decision on jurisdiction.
September 29, 2010 The Claimant files a supplemental memorial on liability.
November 9, 2010 The Tribunal issues Procedural Order No. 3 concerning the hearing on jurisdiction.
December 10, 2010 The Respondent files a request for production of documents.
December 29, 2010 The Claimant files observations on the Respondent’s request for production of documents.
January 4, 2011 The Respondent files a response to the Claimant's observations of December 29, 2010.
January 17, 2011 The Respondent files a counter-memorial on liability and a memorial on counter-claims.
January 20, 2011 The Tribunal holds a pre-hearing conference with the parties by telephone.
January 28, 2011 The Tribunal issues Procedural Order No. 4 concerning the hearing on liability.
February 7, 2011 The Tribunal issues Procedural Order No. 5 concerning production of documents.
March 2, 2011 The Tribunal issues Procedural Order No. 6 concerning the hearing on liability.
March 8, 2011 - March 11, 2011 The Tribunal holds a hearing on liability in Paris.
March 15, 2011 The Tribunal issues Procedural Order No. 7 concerning post-hearing matters.
May 6, 2011 The parties file post-hearing briefs.
July 21, 2011 The Tribunal issues Procedural Order No. 8 concerning the proceedings on counter-claims.
September 30, 2011 The Respondent files a supplemental memorial on counter-claims.
April 24, 2012 The Respondent files a second supplemental memorial on counter-claims.
June 18, 2012 Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
July 6, 2012 The Tribunal issues Procedural Order No. 9 concerning production of documents.
September 29, 2012 The Claimant files a counter-memorial on counter-claims.
November 30, 2012 Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
December 7, 2012 The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
December 14, 2012 The Tribunal issues a decision on liability; attached to the decision is a dissenting opinion by arbitrator Francisco Orrego Vicuña.
The Tribunal issues Procedural Order No. 10 concerning production of documents.
January 28, 2013 The Respondent files a request for reconsideration of the Tribunal's decision of December 14, 2012 and for the Tribunal to decide on production of documents.
February 1, 2013 The Claimant files observations on the Respondent’s request of January 28, 2013.
February 4, 2013 The Respondent files a response to the Claimant’s observations of February 1, 2013.
February 5, 2013 The Claimant files further observations on the Respondent’s response of February 4, 2013.
February 13, 2013 The Tribunal issues Procedural Order No. 11 concerning the Respondent's request for reconsideration of the Tribunal's decision of December 14, 2012 and production of documents.
February 18, 2013 The Respondent files a reply on counter-claims.
March 13, 2013 Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on the procedural calendar for production of documents.
March 15, 2013 The Respondent files observations on the Claimant’s request of March 13, 2013.
March 18, 2013 The Claimant files a response to Respondent’s observations of March 15, 2013.
March 22, 2013 The Tribunal decides on the procedural calendar for production of documents.
April 12, 2013 Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
April 19, 2013 The Respondent files observations on the Claimant's request of April 12, 2013.
April 22, 2013 The Claimant files a response to Respondent's observations of April 19, 2013.
April 30, 2013 The Tribunal issues Procedural Order No. 12 concerning production of documents.
May 7, 2013 Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
May 22, 2013 The Tribunal issues Procedural Order No. 13 concerning production of documents.
June 24, 2013 The Claimant files a memorial on quantum.
July 8, 2013 The Claimant files a rejoinder on counter-claims.
July 11, 2013 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
July 16, 2013 The Tribunal issues Procedural Order No. 14 concerning the organization of the hearing on counter-claims.
July 25, 2013 The Respondent files a proposal for the disqualification of arbitrator Francisco Orrego Vicuña. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
July 27, 2013 The Claimant files observations on the proposal for disqualification.
July 31, 2013 The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
August 5, 2013 The Respondent files a reply on the proposal for disqualification.
August 7, 2013 The Claimant files a rejoinder on the proposal for disqualification.
December 13, 2013 The proposal for disqualification of arbitrator Francisco Orrego Vicuña is upheld by the Chairman of the Administrative Council. The Secretary-General notifies the parties of a vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2).
January 10, 2014 Following the disqualification of arbitrator Francisco Orrego Vicuña, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1).

The Tribunal is reconstituted. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by the agreement of the parties; Stephen L. Drymer (Canadian), appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1); and Brigitte Stern (French), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
January 29, 2014 Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
February 4, 2014 The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents.
February 10, 2014 The Tribunal issues Procedural Order No. 15 concerning production of documents.
March 14, 2014 The Respondent files a renewed request for the Tribunal to decide on production of documents.
March 14, 2014 Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
March 21, 2014 The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents.
March 26, 2014 The Respondent files a response to Claimant's observations of March 21, 2014.
March 31, 2014 The Claimant files further observations on the Respondent's response of March 26, 2014.
April 3, 2014 Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
April 7, 2014 The Claimant files further observations on the Respondent's response of March 26, 2014.
April 8, 2014 The Tribunal issues Procedural Order No. 16 concerning production of documents.
April 16, 2014 The Tribunal issues Procedural Order No. 17 concerning production of documents.
April 22, 2014 The Tribunal issues Procedural Order No. 18 concerning production of documents.
May 13, 2014 Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on admissibility of new evidence.
May 16, 2014 The Tribunal issues Procedural Order No. 19 concerning the organization of the hearing on counter-claims.

The Tribunal issues Procedural Order No. 20 concerning the admissibility of new evidence.
May 24, 2014 The Respondent files a counter-memorial on quantum and a request for reconsideration of the Tribunal's decision of December 14, 2012.
June 1, 2014 - June 7, 2014 The Tribunal holds a hearing on counter-claims in Paris.
June 13, 2014 The Claimant files observations on the Respondent's request of May 23, 2014.
June 16, 2014 The Tribunal issues Procedural Order No. 21 concerning procedural matters.
July 7, 2014 The Tribunal issues Procedural Order No. 22 concerning the Respondent's request of May 24, 2014.
August 5, 2014 The Claimant files a response to the Respondent’s observations of July 28, 2014.
August 5, 2014 The Respondent files further observations on the Claimant’s request for the Tribunal to decide on production of documents.
August 9, 2014 The Tribunal issues Procedural Order No. 23 concerning production of documents.
October 3, 2014 Each party files a post-hearing brief.

The Claimant files a reply on quantum and a counter-memorial on the request for reconsideration of the Tribunal's decision of December 14, 2012.
November 21, 2014 Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
December 1, 2014 The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
December 5, 2014 The Claimant files a response to the Respondent’s observations of December 1, 2014.
December 19, 2014 Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
December 22, 2014 The Tribunal issues Procedural Order No. 24 concerning production of documents.
December 23, 2014 The Tribunal issues Procedural Order No. 25 concerning production of documents.
January 12, 2015 The Respondent files a rejoinder on quantum and a reply on the request for reconsideration of the Tribunal's decision of December 14, 2012.
January 20, 2015 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
January 29, 2015 The Tribunal issues Procedural Order No. 26 concerning the organization of the hearing on quantum and motion for reconsideration of the Tribunal’s decision of December 14, 2012.
February 4, 2015 Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
February 10, 2015 Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
February 11, 2015 The Tribunal issues Procedural Order No. 27 concerning the admissibility of new evidence.
February 18, 2015 The Tribunal issues Procedural Order No. 28 concerning the admissibility of new evidence.
March 2, 2015 - March 6, 2015 The Tribunal holds a hearing on quantum and on the request for reconsideration in Paris.
March 13, 2015 The Tribunal issues Procedural Order No. 29 concerning procedural matters.
March 25, 2015 The Tribunal issues Procedural Order No. 30 concerning the site visit.
March 29, 2015 - April 2, 2015 The Tribunal and the parties visit the place connected with the dispute pursuant to ICSID Arbitration Rule 37(1).
April 21, 2015 The Tribunal issues procedural Order No. 31 concerning post site visit matters.
May 29, 2015 Each party files a post-hearing brief.
July 15, 2015 Each party files a post-site visit brief.
May 2, 2016 Each party files a submission on costs.
May 23, 2016 Each party files observations on the other party’s submission on costs.
January 25, 2017 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
February 7, 2017 The Tribunal issues a decision on counterclaims.

The Tribunal issues a decision on the request for reconsideration and renders its award.

(b) Annulment Proceeding

Date Development
February 14, 2017 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.
May 15, 2017 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Rigo Sureda (Spanish), President; Piero Bernardini (Italian); and Vera Van Houtte (Belgian); all members appointed by the Chairman of the Administrative Council.
May 19, 2017 Burlington Resources, Inc. files observations on the stay of enforcement of the award.
June 14, 2017 The Republic of Ecuador files observations on the stay of enforcement of the award.
June 26, 2017 Burlington Resources, Inc. files observations on the stay of enforcement of the award.
June 30, 2017 The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
July 6, 2017 The Republic of Ecuador files observations on the stay of enforcement of the award.
July 18, 2017 The ad hoc Committee holds a hearing on the stay of enforcement of the award in Washington, D.C.
August 31, 2017 The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award.
September 8, 2017

The Republic of Ecuador files a memorial on annulment.
October 6, 2017 Following the resignation of ad hoc Committee member Piero Bernardini, the Centre notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
December 8, 2017

The Secretary-General issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).