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Republic of Ecuador v. Occidental Exploration and Production Company (No 1)

United Kingdom, England.  29 April 2005 ; 09 September 2005 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — Treaties — Justiciability of international disputes before municipal courts — Award of arbitration tribunal with seat in London in case brought by United States investor against Ecuador alleging breach of bilateral investment treaty — Whether arbitration tribunal exceeded its jurisdiction or misconducted itself — Challenge to award under Arbitration Act, Sections 67 and 68 — Whether requiring English court to enforce treaty not part of English law — Whether raising non-justiciable issues — Limits of doctrine of non-justiciability

Economics, trade and finance — Bilateral investment treaty — Whether conferring rights upon investor separate from those of State — Arbitration provision — Whether constituting offer by State to arbitrate — Initiation of arbitration proceedings by investor — Acceptance of offer to arbitrate — Nature of arbitration proceedings — Law governing arbitration agreement — Whether international law — Law governing conduct of arbitration — Whether courts of the seat of arbitration entitled to hear challenge to jurisdiction of tribunal

Arbitration — Investment arbitration — Bilateral investment treaty — Proceedings brought by investor — Arbitration under UNCITRAL Rules in London — Challenge to jurisdiction of arbitration tribunal before English courts — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2010

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