Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

OCCIDENTAL EXPLORATION AND PRODUCTION CO v THE REPUBLIC OF ECUADOR

[2005] 2 Lloyd's Rep. 707

COURT OF APPEAL

Before Lord Phillips of Worth Matravers MR, Lord Justice Clarke and Lord Justice Mance

Arbitration - Arbitration under provisions Bilateral Investment Treaty between US and Ecuador - Dispute between US company and Ecuador - Award in favour of Ecuador - Challenge to jurisdiction of arbitrators - Whether court able to adjudicate on the application - Principle of non-justiciability of rights arising under agreements between sovereign states - Arbitration Act 1996, section 67.

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