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Perenco v. Ecuador

Type of decisionDecision on Jurisdiction
Date of decision30 June 2011
Tribunal
Peter Tomka (President)
Christopher Thomas
Neil Kaplan
Legal instrumentBIT between Ecuador and France (1994)
Related decision(s)Decision on Challenge to Arbitrator, 8 December 2009
Further information

Statements from this decision

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International Investment Treaties (IITs)
Protection of Investors under IITs
Applicability of IITs
Ratione Personae – Protected Investors
Juridical Persons
An Article 25(2)(b) ICSID Convention-Clause in an IIT does not dictate the meaning of the IIT's nationality definition
Dispute Settlement Clauses
Article 25 (2)(b) ICSID Convention-Clauses
An Article 25(2)(b) ICSID Convention-Clause in an IIT does not dictate the meaning of the IIT's nationality definition
Investment Contracts
An agent or representative is not an independent party to a contract unless it can be proven that he or she acted independently from any instruction, on its own initiative and for its own benefit
Investment Treaty Arbitration
Jurisdiction
Further Problems
What remedies are available in case of a treaty breach is a question of the merits, not the jurisdictional phase
Procedural Questions
Burden of Proof
A party bears the burden of proof in establishing the facts that he or she asserts
ICSID Convention
Jurisdiction of the Centre (Articles 25-27)
Article 25
Jurisdiction Ratione Materiae
Legal Dispute
If a contract limits the consent to arbitration to disputes involving technical and/or economical matters, this is not incompatible with Article 25 ICSID Convention's requirement of a legal dispute
Jurisdiction Ratione Personae
Juridical Persons
Nationality Based on Control, Article 25 II b 2. Alt. ICSID Convention
Article 25(2)(b) ICSID Convention provides a means for extending ICSID jurisdiction

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