REPUBLIC OF ECUADOR v OCCIDENTAL EXPLORATION AND PRODUCTION COMPANY

[2005] 2 Lloyd's Rep. 240

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Aikens

International law - Doctrine of non-justiciability - Bilateral Investment Treaty between USA and Republic of Ecuador - Treaty providing for disputes to be determined by arbitration - Californian “investor” granted exclusive rights by Ecuador state owned company to explore for oil - Disputes arising between investor and Ecuador relating to refund of VAT payments - Dispute referred to arbitration in London - Award in favour of investor - Ecuador seeking to challenge award under section 67 of the Arbitration Act 1996 - Whether English court precluded from hearing application by reason of doctrine of non-justiciability.