Case Details

Perenco Ecuador Limited v. Republic of Ecuador (ICSID Case No. ARB/08/6)

Subject of Dispute:

Hydrocarbon concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT France - Ecuador 1994 - Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Perenco Ecuador Limited (Bahamian)
Respondent(s):

Republic of Ecuador (Ecuadorian)
Date Registered:

June 4, 2008
Date of Constitution of Tribunal:

November 21, 2008

Composition of Tribunal

President:

Peter TOMKA (Slovak) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Neil KAPLAN (British) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Thomas BINGHAM (British)
Arbitrators:

Charles N. BROWER (U.S.)
J. Christopher THOMAS (Canadian)
Reconstituted:

January 13, 2010: Neil KAPLAN (British) appointed following the resignation of Charles N. BROWER (U.S.)
May 6, 2010: Peter TOMKA (Slovak) appointed following the resignation of Thomas BINGHAM (British)

Party Representatives

Claimant(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Respondent(s):

Dechert, Paris, France
Procurador General del Estado, Quito, Ecuador
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 27, 2019 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

October 4, 2019
Date of Constitution of ad hoc Committee:

November 18, 2019

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

President:

Eduardo ZULETA (Colombian)
Members:

Mónica PINTO (Argentine)
Rolf KNIEPER (German)

Party Representatives

Claimant(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Respondent(s):

Procurador General del Estado, Quito, Ecuador
Dechert, Paris, France
Pierre Mayer, Paris, France
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 28, 2021 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Provisional Measures

Decision on Jurisdiction

Decision on Remaining Issues of Jurisdiction and on Liability

Decision on Reconsideration Motion

Interim Decision on the Environmental Counterclaim

Decision on Claimant’s Application for Dismissal of Respondent's Counter-claims

Award

Available on the ICSID Website

Decision on Provisional Measures (May 8, 2009) English (Original); Spanish (Original)

Decision on Jurisdiction (June 30, 2011) English (Original); Spanish (Original)

Decision on Remaining Issues of Jurisdiction and on Liability (September 12, 2014) English (Original); Spanish (Original)

Decision on Reconsideration Motion (April 10, 2015) English (Original); Spanish (Original)

Interim Decision on the Environmental Counterclaim (August 11, 2015) English (Original); Spanish (Original)

Decision on Claimant’s Application for Dismissal of Respondent's Counter-claims (August 18, 2017) English (Original)

Award (September 27, 2019) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the Stay of Enforcement of the Award

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Decision on Annulment

Available on the ICSID Website

Decision on the Stay of Enforcement of the Award (February 21, 2020) English (Original)

Procedural Order No. 1 (January 16, 2020) English (Original); Spanish (Original)

Procedural Order No. 2 (April 21, 2020) English (Original); Spanish (Original)

Procedural Order No. 3 (December 21, 2020) English (Original); Spanish (Original)

Decision on Annulment (May 28, 2021) English (Original)

(a) Original Proceeding

Date	Development
June 4, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
July 28, 2008	The Claimant files an amended request for arbitration.
November 21, 2008	The Tribunal is constituted. Its members are: Thomas Bingham (British), President; Charles N. Brower (U.S.); and J. Christopher Thomas (Canadian).
February 7, 2009	The Tribunal holds a first session in Washington, D.C.
February 11, 2009	The Tribunal fixes a schedule for the written procedure.
February 19, 2009	The Claimant files a request for provisional measures.
February 20, 2009	The Respondent files observations on the Claimant’s request for provisional measures.
February 21, 2009	The Claimant files a response to the Respondents' observations on the request for provisional measures.
February 26, 2009	The Respondent files a reply on provisional measures.
February 27, 2009	The Claimant files a reply on provisional measures.
March 6, 2009	The Respondents file a rejoinder on provisional measures.
March 9, 2009	The Claimant files further observations on provisional measures.
March 19, 2009	The Tribunal holds a hearing on provisional measures in Paris.
April 10, 2009	The Claimant files a memorial on liability.
May 8, 2009	The Tribunal issues a decision on provisional measures.
July 17, 2009	The Respondents file a memorial on jurisdiction.
September 17, 2009	The Claimant files a counter-memorial on jurisdiction.
November 17, 2009	The Respondents file a reply on jurisdiction.
December 16, 2009	Following the resignation of Charles N. Brower, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
January 13, 2010	The Tribunal is reconstituted. Its members are: Thomas Bingham (British), President; Neil Kaplan (British); and J. Christopher Thomas (Canadian).
January 15, 2010	The Claimant files a rejoinder on jurisdiction.
February 17, 2010	Following the resignation of Thomas Bingham, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
May 6, 2010	The Tribunal is reconstituted. Its members are: Peter Tomka (Slovak), President; Neil Kaplan (British); and J. Christopher Thomas (Canadian).
November 2, 2010 - November 4, 2010	The Tribunal holds a hearing on jurisdiction at The Hague.
June 30, 2011	The Tribunal issues a decision on jurisdiction.
August 5, 2011	The Claimant files a revised memorial on the merits.
August 24, 2011	The Tribunal issues a procedural order concerning confidentiality.
December 5, 2011	The Respondent files a counter-memorial on the merits, including counter-claims.
April 12, 2012	The Claimant files a reply on the merits.
April 27, 2012	The Respondent files a supplemental memorial on counter-claims.
June 25, 2012	The Claimant files a request for the Tribunal to decide on production of documents.
July 3, 2012	The Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents.
July 3, 2012	The Respondent files a request for the Tribunal to decide on production of documents.
July 9, 2012	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 11, 2012	The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents.
July 18, 2012	The Respondent files a response to the Claimant's observations of July 11, 2012.
July 20, 2012	The Tribunal issues Procedural Order No. 3 concerning production of documents.
July 27, 2012	The Respondent files a rejoinder on the merits.
September 28, 2012	The Claimant files a counter-memorial on counter-claims.
November 8, 2012 - November 17, 2012	The Tribunal holds a hearing on the merits in The Hague.
January 9, 2013	The Tribunal issues Procedural Order No. 4 concerning production of documents.
February 22, 2013	The Respondent files a reply on counter-claims.
May 7, 2013	Following exchanges by the parties, the Claimant files a request for the Tribunal to decide on production of documents.
May 15, 2013	The Respondent files observations on the Claimant's request for the Tribunal to decide on the production of documents.
May 22, 2013	The Tribunal issues Procedural Order No. 5 concerning the production of documents.
June 4, 2013	The Tribunal issues Procedural Order No. 6 concerning the production of documents.
July 12, 2013	The Claimant files a rejoinder on counter-claims.
August 16, 2013	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
August 19, 2013	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing on counter-claims.
August 26, 2013	The Claimant files observations on the Respondent's request of August 16, 2013.
August 29, 2013	The Respondent files a response to the Claimant's observations of August 26, 2013.
August 30, 2013	The Claimant files further observations on the Respondent's response of August 29, 2013.
September 2, 2013	The Tribunal issues Procedural Order No. 8 concerning the admissibility of new evidence.
September 9, 2013 - September 17, 2013	The Tribunal holds a hearing on counter-claims at The Hague.
October 18, 2013	The Tribunal issues Procedural Order No. 9 concerning post-hearing briefs.
November 6, 2013	Each party files a post-hearing brief.
November 22, 2013	Each party files a reply post-hearing brief.
July 17, 2014	The Tribunal issues Procedural Order No. 10 concerning production of documents.
September 12, 2014	The Tribunal issues a decision on remaining issues of jurisdiction and liability.
November 14, 2014	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
November 26, 2014	The Tribunal issues Procedural Order No. 12 concerning the procedural calendar.
December 19, 2014	The Claimant files a memorial on quantum. The Respondent files a request for reconsideration of the Tribunal's decision of September 12, 2014.
February 25, 2015	Following exchanges by the parties, the Respondent files a request for the Tribunal to decide on production of documents.
March 10, 2015	The Tribunal issues Procedural Order No. 13 concerning the production of documents.
April 10, 2015	The Tribunal issues a decision on the Respondent’s request for reconsideration of the Tribunal's decision of September 12, 2014.
May 4, 2015	The Respondent files a counter-memorial on quantum.
June 9, 2015	Following exchanges by the parties, the Claimant files a request for the Tribunal to decide on production of documents.
June 12, 2015	The Tribunal issues Procedural Order No. 14 concerning the production of documents.
July 24, 2015	The Claimant files a reply on quantum.
August 11, 2015	The Tribunal issues a decision on counter-claims.
October 16, 2015	The Respondent files a rejoinder on quantum.
October 23, 2015	The Tribunal issues Procedural Order No. 15 concerning the organization of the hearing on quantum.
November 9, 2015 - November 13, 2015	The Tribunal holds a hearing on quantum in Paris.
January 29, 2016	Each party files a post-hearing brief.
February 29, 2016	Each party files a reply post-hearing brief.
April 21, 2016	The Tribunal holds a hearing on closing arguments on quantum at The Hague.
July 6, 2016	The Tribunal issues Procedural Order No. 16 concerning the appointment of an independent expert.
November 1, 2016 - November 5, 2016	The parties and expert visit the place connected with the dispute pursuant to ICSID Arbitration Rule 37(1).
April 18, 2017	The Claimant files an application to dismiss the counter-claims.
May 23, 2017	The Respondent files observations on the Claimant’s application to dismiss the counter-claims.
June 12, 2017	The Claimant files a reply on the Claimant’s application to dismiss the counter-claims.
July 4, 2017	The Respondent files a rejoinder on the Claimant’s application to dismiss the counter-claims.
August 18, 2017	The Tribunal issues a decision on the Claimant’s application to dismiss the counter-claims of April 18, 2017.
January 30, 2018	The Claimant files a further application to dismiss the counter-claims.
March 15, 2018	The Respondent files observations on the Claimant’s further application to dismiss the counter-claims.
April 5, 2018	The Claimant files a reply on the Claimant’s application to dismiss the counter-claims.
April 27, 2018	The Respondent files a rejoinder on the Claimant’s application to dismiss the counter-claims.
July 30, 2018	The Tribunal decides on Claimant’s further application to dismiss the counter-claims of January 30, 2018.
December 19, 2018	The independent expert issues a report.
December 20, 2018	The Claimant files a request for the Tribunal to decide on production of documents.
January 2, 2019	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
January 15, 2019	The Tribunal issues Procedural Order No. 17 concerning production of documents.
February 6, 2019	The Tribunal issues Procedural Order No. 18 concerning the organization of the hearing.
February 23, 2019	Each party files observations on the independent expert report.
March 11, 2019 - March 12, 2019	The Tribunal holds a hearing on the independent expert report at The Hague.
April 19, 2019	Each party files a submission on costs.
May 10, 2019	Each party files observations on the other party’s submission on costs.
August 30, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
September 27, 2019	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
October 4, 2019	The Acting 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.
November 8, 2019	Perenco Ecuador Limited files its Opposition to Ecuador’s Request to Continue the Provisional Stay of Enforcement.
November 18, 2019	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President; Mónica Pinto (Argentine); and Rolf Knieper (German); all members appointed by the Chairman of the Administrative Council.
December 6, 2019	The Republic of Ecuador files its Reply to Perenco Ecuador Limited’s to the Request to Continue the Stay of November 8, 2019.
December 18, 2019	Perenco Ecuador Limited files its Rejoinder to Ecuador’s Request to Continue the Provisional Stay of Enforcement.
January 13, 2020	The ad hoc Committee holds a first session and hearing on stay of enforcement in Washington, D.C.
January 16, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
February 21, 2020	The ad hoc Committee issues a decision on the stay of enforcement of the award.
April 16, 2020	The Republic of Ecuador files a memorial on annulment.
April 21, 2020	The ad hoc Committee issues Procedural Order No. 2 concerning the continuation of the stay of enforcement of the award.
July 16, 2020	Perenco Ecuador Limited files a counter-memorial on annulment.
September 17, 2020	The Republic of Ecuador files a reply on annulment.
November 17, 2020	Perenco Ecuador Limited files a rejoinder on annulment.
December 21, 2020	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
December 21, 2020	The ad hoc Committee issues Procedural Order No. 3 concerning the organization of the hearing.
January 12, 2021 - January 13, 2021	The ad hoc Committee holds a hearing on annulment by video conference.
February 19, 2021	Each party files a submission on costs.
May 13, 2021	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53.
May 28, 2021	The ad hoc Committee issues its decision on annulment.