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Reporter(s)

Christina Loucas

MCI Power Group LC and New Turbine Incorporated v Ecuador, Award, ICSID Case No ARB/03/6, IIC 296 (2007), 26th July 2007, despatched 31st July 2007, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 24 October 2020

The extent to which a Tribunal could consider events that occurred prior to a treaty entering into force, given the principle of the non-retroactivity of treaties.

Whether the existence of domestic court proceedings prior to the entry into force of the Bilateral Investment Treaty (Ecuador/United States) triggered the ‘fork in the road’ mechanism.

Whether: (a) Ecuador violated the standards of fair and equitable treatment in breach of Article II(3)(a) of the US-Ecuador BIT; (b) Ecuador displayed discriminatory and arbitrary behaviour in breach of Article II(3)(b) of the US-Ecuador BIT; and (c) Ecuador's actions amounted to expropriation in violation of Article III(1) of the US-Ecuador BIT.

Whether, in particular, revocation of an operating licence relating to the operation of electricity plants previously sold amounted to an expropriation.

Whether, in particular, Ecuador's actions in seeking and obtaining annulment of the domestic lawsuit filed by Seacoast amounted to a breach of the US-Ecuador BIT.

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