Case report (free download)
Case Report by Ibrahim Mohamed Amir and Diana Ruiz Truque
The Parties' dispute arises from three mining concessions at Junín, Chaucha and Telimbela in Ecuador granted by the Respondent to (as the Claimant claims) its associated Ecuadorian project companies that were subsequently revoked or terminated by the Respondent (¶1.8). The Claimant alleges that the Respondent unlawfully revoked or terminated the concessions, thereby depriving the Claimant of the entire value of its investments in its project companies and causing it to suffer substantial damages (¶1.9). The Claimant contends that the Respondent's actions and omissions violated its obligations to the Claimant and the Claimant's investments under the Treaty and international law, as the applicable law (¶1.9).
As regard the Respondent's objections to jurisdiction and admissibility, the Tribunal decides to reject them and declares that it has jurisdiction (¶10.4). As regards the Claimant's claims that the Respondent breached its international obligations under the Treaty, the Tribunal decides that the Respondent breached such obligations in regard to the Junín and Chaucha concessions (but not in regard to the option for the Telimbela concession) under Articles II(2) and VIII(1) of the Treaty (¶10.5).
Violation of international obligations - Fair and Equitable Treatment (FET) - Full Protection and Security (FPS) - National Treatment - Unlawful Expropriation.
Case report provided by International Arbitration Case Law (IACL)