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Chevron v. Ecuador

Type of decisionFinal Award
Date of decision31 August 2011
Tribunal
Karl-Heinz Böckstiegel (President)
Albert Jan van den Berg
Charles N. Brower
Legal instrumentBIT between Ecuador and USA (1997)
Related decision(s)
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Statements from this decision

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Investment Treaty Arbitration
Admissibility
Res Judicata / Ne Bis In Idem
It is disputed whether the reasoning of an award has a res judicata effect independent of the dispositif
Procedural Questions
Further Problems
A broad mandate given to experts may allow them to attach separate opinions
Costs
General Remarks
Article 40(1) UNCITRAL Rules expressly contemplates the rule of "costs follow the event"
UNCITRAL Arbitration Rules 1976
Article 40
Article 40(1) UNCITRAL Rules expressly contemplates the rule of "costs follow the event"
If the claimants have been largely successful on jurisdiction and liability, but the respondent has been mostly successful on damages, there is no clearly successful party within the meaning of Article 40 UNCITRAL Rules

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