Introduction

Republic of Ecuador v. Occidental Exploration & Petroleum Company, [2005] EWHC 774 (Comm). The case is significant as this is first award under a BIT to be brought before the English courts. The English Commercial Court held that although the right to commence arbitration under a BIT has its origins in public international law, the performance of that right (ie., the arbitration procedure and tribunal) is made subject to municipal law and hence the public international law nature of the right does not prevent the English courts from examining a challenge to an ...