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Burlington Resources Inc v Ecuador, Decision on reconsideration and award, ICSID Case No ARB/08/5, IIC 923 (2017), 7th February 2017

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 January 2021

The exceptional circumstances that allowed the reopening of pre-award decisions under the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States.

The categories of compensable losses for expropriation.

The conditions for a lawful expropriation under the Treaty between the United States and Ecuador concerning the Encouragement and Reciprocal Protection of Investments.

The appropriate valuation date for an unlawful expropriation.

Whether, in the valuation phase, ex ante or ex post data vis-à-vis the date of expropriation should have be used to calculate past and future cash flows.

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