Chevron Corporation and Texaco Petroleum Company v Ecuador, Interim Award, PCA Case No 34877, ICGJ 458 (PCA 2008), 1st December 2008, Permanent Court of Arbitration [PCA]
Whether the claimants were barred from bringing a claim as a result of contradictions between the allegations of impartiality made against the Ecuadorian judiciary in the memorial of the Claimants and prior statements made in litigation before the US Courts as to the fairness and competence of the Ecuadorian judiciary.
Whether the claims amount to an ‘investment dispute’ under the meaning of the bilateral investment treaty (‘BIT’).
Whether the claimants had exhausted all available procedural remedies, and whether the submission of the claim to arbitration was therefore premature.
Whether the claims fall within the temporal ambit of the BIT, whether the claimants had withdrawn from Ecuador prior to the entry into force of the BIT, and whether such withdrawal had terminated their rights under the investment agreements.