Introduction

Judgment by the Court of Appeals in Occidental Exploration & Petroleum Company v. The Republic of Ecuador was delivered on September 9, 2005 by Mance, LJ (sitting with Lord Phillips, MR and Clark, LJ) upholding the impugned judgment of Aikens, J. The holding is that the principles of non-justiciability in English law do not exclude application of section 67 of the English Arbitration Act 1996 in the context of an award rendered in London under the UNCITRAL Rules between an investor and state pursuant to a bilateral investment treaty. The court held that section 67 of ...