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Chevron/Texaco v. Ecuador

Type of decisionThird Interim Award on Jurisdiction and Admissibility
Date of decision27 February 2012
Tribunal
Van Vechten Veeder (President)
Horacio A. Grigera Naón
Vaughan Lowe
Legal instrumentBIT between Ecuador and USA (1997)
Further informationFull text of the decision

Statements from this decision

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International Investment Treaties (IITs)
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
Relationship of an IIT to General Principles of International Law
Further Problems
According to the Monetary Gold principle, even if a tribunal has jurisdiction over a dispute it must not exercise that jurisdiction if the very subject-matter of the decision would determine the rights and obligations of a state which is not a party to the proceedings
Protection of Investors under IITs
Applicability of IITs
Ratione Materiae – Definition of Investment
The Concept of "Investment"
Contracts
A settlement agreement has to be considered as a continuation of the earlier concession agreements, so that it forms part of the overall investment
Dispute Settlement Clauses
Fork in the Road Clauses
Within a fork in the road-clause, the same dispute must have been submitted to domestic courts; to determine the identity of a domestic and international dispute, a tribunal should not strictly apply the 'triple identity' test, as this would deprive a fork in the road-clause of most of its practical effect
The raising of a plea in defence to a claim in national courts cannot be described as the submission of a dispute for settlement; the notion of 'submission' connotes the making of a choice and a voluntary decision
Investment Treaty Arbitration
Admissibility
Prima Facie Case
At the jurisdictional stage, a tribunal must establish whether the facts alleged by the claimant, if established, are capable of coming within those provisions of the IIT which the claimant has invoked
The prima facie standard does not require that the claimant establishes his or her case with a 51% chance of success; instead, the claimant's submissions have to be decently arguable or have a reasonable possibility as pleaded

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