Author: Eric Gillman* Published: August 2009 Jurisdiction: Ecuador Topics: Investment Disputes ICSID Description: I. INTRODUCTION In September 2008, through a popular referendum on a new constitution, Ecuador adopted a constitutional...
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...concerning environmental counterclaims: Burlington v. Ecuador[15] and Perenco v. Ecuador.[16] Both these cases arose out of the same factual circumstances, concerning a windfall levy of 99% on oil revenues by...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...

...under the Ecuador-US BIT for ‘denial of justice’ due to a wrongful court order,[12] and obtained not just compensation, but also an injunction against Ecuador to nullify its state court’s...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...

...of lack of jurisdiction.”[44] In Murphy Exploration and Production Company International v. Republic of Ecuador, the Tribunal found that the requirement that the parties should seek to resolve their dispute...
The ISDS Clause in the Investment Law of the Kyrgyz ...

...2022). Legacy Vulcan LLC v. United Mexican States, ICSID Case No. ARB/19/1; also see Award (27 September 2019). Perenco Ecuador Limited v. República del Ecuador, ICSID Case No. ARB-08-6, ¶...
The Perils of Intra-Corporate Arbitration for ESG Disputes

...can be cited to mitigate damages.[26] In Occidental v. Ecuador, the claimants failed to obtain certain necessary government approvals for a partial transfer of ownership ultimately leading to the cancellation...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime

...Del. 2007). [43] Republic of Ecuador v. Chevron Corp., 638 F.3d 384, 348-349 (2d Cir. 2011). [44] Ghassabian v. Hematian, No. 08 Civ. 4400 (SAS), 2008 WL 3982885, at *2...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...hoc committee, which was composed or representatives of Australia, Belgium, Ecuador, Egypt, India, Sweden, The Union of Soviet Socialist Republics, and The United Kingdom, met in March 1955. After detailed...
1958 Report of the U.S. Delegation to the United Nations ...
...Investor-State Arbitration in Ecuador? An Analysis of Article 422 of the Constitution of 2008 Eric Gillman Current Developments Investment Treaties and Investor-State Arbitration: The Japanese Perspective Koichi Miki Arbitral &...