Chevron Corporation and Texaco Petroleum Corporation v Ecuador, Interim Award, IIC 355 (2008), 1st December 2008, Ad Hoc Tribunal (UNCITRAL)
Whether the claimants’ statements or conduct prior to the commencement of arbitration should have any preclusive effect on their ability to pursue arbitration.
Whether the claimants’ contractual claims in the lawsuits in Ecuadorian courts qualified as an investment or part of an investment under the Treaty between the United States of America and the Republic of Ecuador concerning the Encouragement and Reciprocal Protection of Investment (‘BIT’).
Whether the claimants had to exhaust local remedies in order to fulfil the requirements of their claims for denial of justice and other BIT violations, and if so, whether they had in fact exhausted all required local remedies.
Whether the claimants’ claims were caught within the temporal ambit of the BIT, despite their basis in a factual background that included significant periods before the BIT’s entry into force.