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Ulysseas v. Ecuador

Type of decisionInterim Award
Date of decision28 September 2010
Tribunal
Piero Bernardini (President)
Brigitte Stern
Michael Pryles
Legal instrumentBIT between Ecuador and USA (1997)
Related decision(s)Final Award, 12 June 2012
Further informationFull text of the decision

Statements from this decision

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International Investment Treaties (IITs)
International Law Rules Applicable to IITs
Law of State Responsibility
Attribution of Acts
Attribution of Acts by State Entities
If a state creates a special entity with separate legal personality, the state is not a party to contracts by the public entity with third parties
Protection of Investors under IITs
Exception Clauses
A denial of benefits clause constitutes a defence to a tribunal's jurisdiction; the respondent bears the burden of proving that its requirements are met
A host state can exercise its right to denial benefits with retrospective effect
Waiver of Rights Under an IIT
An investor's waiver is subject to the essential condition that the waiver be freely agreed by the investor
In order for a contractual waiver to be effective, the parties involved must be identical
Investment Contracts
If a state creates a special entity with separate legal personality, the state is not a party to contracts by the public entity with third parties
Investment Treaty Arbitration
Jurisdiction
Further Problems
A denial of benefits clause constitutes a defence to a tribunal's jurisdiction; the respondent bears the burden of proving that its requirements are met

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