Distilling Principles of Law from ICSID Cases against Ecuador

Resumen

Ecuador's journey as a party in ICSID arbitrations developed jurisprudence that explains, confirms and develops principles of law that will be of interest to the international legal community. This article reviews all decisions and awards by ICSID tribunals against Ecuador and distils the key principles of law derived from those decisions to guide tribunals, lawyers, and policy-makers in future disputes. It presents these principles in thematic fashion, and follows the typical progression of an ICSID arbitration, from tribunal constitution to annulment proceedings. It concludes by drawing lessons about the praxis of international investment arbitration and its future.