IBM v Ecuador, jurisdictional decision 2003, settlement 2004

T.W. Wälde (†)
Wälde (†), Thomas

Article from: TDM 5 (2005), in Case Comments & Awards

Introduction

I am not sure to what extent this case is publicly known. The ICSID website suggests it was settled in 2004.

The jurisdictional decision (2003, Rodrigo Jijon Letort, Alejandro Ponce Martinez, Leon Roldos Aguilera), in Spanish, had to deal with non-payment by Ecuador on a concession contract (the facts are only indicated in a very summary form). AT issue was the Ecuador-US BIT and a negotiated (it seems) local jurisdiction clause.

Ecuador made a number of jurisdictional objections, most are by now standard (and usually rejected) by tribunals.

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Suggested Citation

T.W. Wälde (†); "IBM v Ecuador, jurisdictional decision 2003, settlement 2004"
TDM 5 (2005), www.transnational-dispute-management.com

URL: www.transnational-dispute-management.com/article.asp?key=629