Introduction

On February 3, 2006 the London Court of International Arbitration issued an award in the case of EnCana Corporation v. Republic of Ecuador (" EnCana "),[1] which contains several important rulings. Notably, EnCana was decided in the wake of another LCIA decision, Occidental Exploration and Production Company v. Ecuador (" Occidental "),[2] which arose from substantially similar facts. The two tribunals evaluated disputes between Ecuador and foreign oil exploration companies over tax refunds that had been arguably contemplated ...