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Perenco Ecuador v Republic of Ecuador Lessons from Perenco: Tribunal-Appointed Experts and Avoiding Double Recovery

2020; Oxford University Press; Volume: 35; Issue: 3 Linguagem: Inglês

10.1093/icsidreview/siaa046

2049-1999

Hiroko Yamamoto, Shreya Ramesh, Dr Sebastian Seelmann-Eggebert,

Corporate Law and Human Rights

In an award dated 27 September 2019 (Award), the Tribunal in Perenco v Ecuador concluded an 11-year-long arbitration and, inter alia, awarded damages for breaches of the underlying contracts and treaty as well as costs of environmental restoration and infrastructure remedy.5 The Award provides insights into the issues of double recovery and the critical role that tribunal-appointed independent experts may play in the adjudication of factually complex disputes. Although the Award marks the end of one chapter, the saga continues: on 1 October 2019, Perenco petitioned for confirmation of the Award in the US District Court for the District of Columbia,6 and, the next day, Ecuador filed an annulment application with the International Centre for the Settlement of Investment Disputes (ICSID).7 The confirmation and enforcement of the Award were stayed at the time this comment was prepared.8 This case comment reviews the background to the...