Case ID: PCA Case No. 2012-10Country: EcuadorUnited StatesClaimant: Merck Sharpe & Dohme (I.A.) Corporation Respondent: EcuadorEconomic sector: ManufacturingTreaty: Ecuador-United States BITDocuments: Decision on Challenge to Arbitrator Judge Stephen M. Schwebel 8 Aug 2012 Decision on Challenge to Arbitrator Judge Stephen M. Schwebel (Spanish) Decision on Challenge to Arbitrator Judge Stephen M. Schwebel (English) Decision on Challenge to Arbitrator Judge Stephen M. Schwebel 12 Apr 2012 Decision on Challenge to Arbitrator Judge Stephen M. Schwebel Letter from Ecuador's General Prosecutor Transmitting the Interim Measures Decision to the National Court of Justice 11 Mar 2016 Letter from Ecuador's General Prosecutor Transmitting the Interim Measures Decision to the National Court of Justice (Spanish) Decision on Interim Measures 7 Mar 2016 Decision on Interim Measures (English) Decision on Interim Measures (Spanish)Source: ICSID Website Observations of Judge Schwebel re Respondent's Challenge 27 Mar 2012 Observations of Judge Schwebel re Respondent's Challenge (Spanish)Source: ICSID Website Claimant's Submission re Respondent's Challenge to Judge Schwebel 8 Jun 2012 Claimant's Submission re Respondent's Challenge to Judge SchwebelSource: ICSID Website Claimant's Submission re Respondent's Challenge to Judge Schwebel 9 Apr 2012 Claimant's Submission re Respondent's Challenge to Judge SchwebelSource: ICSID Website Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel 24 Jul 2012 Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel (English) Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel (Spanish)Source: ICSID Website Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel 9 Jul 2012 Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel (English) Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel (Spanish) Claimant's Submission re Respondent's Challenge to Judge Schwebel 26 Mar 2012 Claimant's Submission re Respondent's Challenge to Judge Schwebel (English) Claimant's Submission re Respondent's Challenge to Judge Schwebel (Spanish) Claimant's Reply to Respondent's Opposition to Its Request for Interim Measures 5 Aug 2012 Claimant's Reply to Respondent's Opposition to Its Request for Interim Measures Claimant's Second Request for Interim Measures 5 Feb 2016 Claimant's Second Request for Interim Measures Respondent's Rejoinder 23 Feb 2016 Respondent's Rejoinder Claimant's Reply Memorial 8 Aug 2014 Claimant's Reply Memorial (Spanish) Claimant's Reply Memorial (English) Merck's Letter re the Judgment of the Constitutional Court of Ecuador 23 Feb 2016 Merck's Letter re the Judgment of the Constitutional Court of Ecuador (Spanish) Merck's Letter re the Judgment of the Constitutional Court of Ecuador (English) Notice of Arbitration 29 Nov 2011 Notice of Arbitration (English) Notice of Arbitration (Spanish) Merck's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment 15 Aug 2016 Merck's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Spanish) Claimant's Memorial 2 Oct 2013 Claimant's Memorial (Spanish) Claimant's Memorial (English) Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment 17 Aug 2016 Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Spanish) Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment (English) Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment 13 Aug 2016 Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Spanish) Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment (English) Ecuador's Counter-Memorial 27 Feb 2014 Ecuador's Counter-Memorial (Spanish) Ecuador's Counter-Memorial (English) Ecuador's Rejoinder 20 Feb 2015 Ecuador's Rejoinder (Spanish) Merck's Letter re the Judgment of the Constitutional Court of Ecuador 5 Feb 2016 Merck's Letter re the Judgment of the Constitutional Court of Ecuador (Spanish) Merck's Request for a New Decision Confirming the Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Engli 10 Aug 2016 Merck's Request for a New Decision Confirming the Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Engli Merck's Request for a New Decision Confirming the Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Spani Claimant's Supplementary Memorial 16 Jan 2015 Claimant's Supplementary Memorial (English) Claimant's Supplementary Memorial (Spanish) Claimant's Submission Regarding the 4 August 2016 NCJ Judgment 26 Sep 2016 Claimant's Submission Regarding the 4 August 2016 NCJ Judgment (English) Claimant's Submission Regarding the 4 August 2016 NCJ Judgment (Spanish) Ecuador's Opposition to Claimant's Request for Interim Measures 24 Jul 2012 Ecuador's Opposition to Claimant's Request for Interim Measures Ecuador's Rejoinder in Opposition to Claimant's Application for Provisional Measures 17 Aug 2012 Ecuador's Rejoinder in Opposition to Claimant's Application for Provisional Measures (English) Ecuador's Rejoinder in Opposition to Claimant's Application for Provisional Measures (Spanish) Respondent's Response re Claimant's Request for Interim Measures 18 Feb 2016 Respondent's Response re Claimant's Request for Interim Measures Respondent's Submission Regarding the 4 August 2016 NCJ Judgment 26 Sep 2016 Respondent's Submission Regarding the 4 August 2016 NCJ Judgment (English) Respondent's Submission Regarding the 4 August 2016 NCJ Judgment (Spanish) Claimant's First Request for Interim Measures 12 Jun 2012 Claimant's First Request for Interim Measures (Spanish) Claimant's First Request for Interim Measures (English) Second Decision on Interim Measures 6 Sep 2016 Second Decision on Interim Measures (English) Second Decision on Interim Measures (Spanish) Tribunal's Letter re Request for Interim Measures Dated 12 June 2012 12 Mar 2013 Tribunal's Letter re Request for Interim Measures Dated 12 June 2012 Expert Opinion of Professor Steven R. Ratner 1 Oct 2014 Expert Opinion of Professor Steven R. RatnerSource: ICSID Website Tags: UNCITRAL (1976)
Decision on Challenge to Arbitrator Judge Stephen M. Schwebel 8 Aug 2012 Decision on Challenge to Arbitrator Judge Stephen M. Schwebel (Spanish) Decision on Challenge to Arbitrator Judge Stephen M. Schwebel (English)
Decision on Challenge to Arbitrator Judge Stephen M. Schwebel 12 Apr 2012 Decision on Challenge to Arbitrator Judge Stephen M. Schwebel
Letter from Ecuador's General Prosecutor Transmitting the Interim Measures Decision to the National Court of Justice 11 Mar 2016 Letter from Ecuador's General Prosecutor Transmitting the Interim Measures Decision to the National Court of Justice (Spanish)
Decision on Interim Measures 7 Mar 2016 Decision on Interim Measures (English) Decision on Interim Measures (Spanish)Source: ICSID Website
Observations of Judge Schwebel re Respondent's Challenge 27 Mar 2012 Observations of Judge Schwebel re Respondent's Challenge (Spanish)Source: ICSID Website
Claimant's Submission re Respondent's Challenge to Judge Schwebel 8 Jun 2012 Claimant's Submission re Respondent's Challenge to Judge SchwebelSource: ICSID Website
Claimant's Submission re Respondent's Challenge to Judge Schwebel 9 Apr 2012 Claimant's Submission re Respondent's Challenge to Judge SchwebelSource: ICSID Website
Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel 24 Jul 2012 Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel (English) Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel (Spanish)Source: ICSID Website
Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel 9 Jul 2012 Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel (English) Claimant's Submission in Response to Ecuador's Challenge to Judge Schwebel (Spanish)
Claimant's Submission re Respondent's Challenge to Judge Schwebel 26 Mar 2012 Claimant's Submission re Respondent's Challenge to Judge Schwebel (English) Claimant's Submission re Respondent's Challenge to Judge Schwebel (Spanish)
Claimant's Reply to Respondent's Opposition to Its Request for Interim Measures 5 Aug 2012 Claimant's Reply to Respondent's Opposition to Its Request for Interim Measures
Claimant's Second Request for Interim Measures 5 Feb 2016 Claimant's Second Request for Interim Measures
Claimant's Reply Memorial 8 Aug 2014 Claimant's Reply Memorial (Spanish) Claimant's Reply Memorial (English)
Merck's Letter re the Judgment of the Constitutional Court of Ecuador 23 Feb 2016 Merck's Letter re the Judgment of the Constitutional Court of Ecuador (Spanish) Merck's Letter re the Judgment of the Constitutional Court of Ecuador (English)
Merck's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment 15 Aug 2016 Merck's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Spanish)
Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment 17 Aug 2016 Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Spanish) Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment (English)
Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment 13 Aug 2016 Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Spanish) Respondent's Submission re Application of the Interim Measures Decision to the NCJ's 2016 Judgment (English)
Ecuador's Counter-Memorial 27 Feb 2014 Ecuador's Counter-Memorial (Spanish) Ecuador's Counter-Memorial (English)
Merck's Letter re the Judgment of the Constitutional Court of Ecuador 5 Feb 2016 Merck's Letter re the Judgment of the Constitutional Court of Ecuador (Spanish)
Merck's Request for a New Decision Confirming the Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Engli 10 Aug 2016 Merck's Request for a New Decision Confirming the Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Engli Merck's Request for a New Decision Confirming the Application of the Interim Measures Decision to the NCJ's 2016 Judgment (Spani
Claimant's Supplementary Memorial 16 Jan 2015 Claimant's Supplementary Memorial (English) Claimant's Supplementary Memorial (Spanish)
Claimant's Submission Regarding the 4 August 2016 NCJ Judgment 26 Sep 2016 Claimant's Submission Regarding the 4 August 2016 NCJ Judgment (English) Claimant's Submission Regarding the 4 August 2016 NCJ Judgment (Spanish)
Ecuador's Opposition to Claimant's Request for Interim Measures 24 Jul 2012 Ecuador's Opposition to Claimant's Request for Interim Measures
Ecuador's Rejoinder in Opposition to Claimant's Application for Provisional Measures 17 Aug 2012 Ecuador's Rejoinder in Opposition to Claimant's Application for Provisional Measures (English) Ecuador's Rejoinder in Opposition to Claimant's Application for Provisional Measures (Spanish)
Respondent's Response re Claimant's Request for Interim Measures 18 Feb 2016 Respondent's Response re Claimant's Request for Interim Measures
Respondent's Submission Regarding the 4 August 2016 NCJ Judgment 26 Sep 2016 Respondent's Submission Regarding the 4 August 2016 NCJ Judgment (English) Respondent's Submission Regarding the 4 August 2016 NCJ Judgment (Spanish)
Claimant's First Request for Interim Measures 12 Jun 2012 Claimant's First Request for Interim Measures (Spanish) Claimant's First Request for Interim Measures (English)
Second Decision on Interim Measures 6 Sep 2016 Second Decision on Interim Measures (English) Second Decision on Interim Measures (Spanish)
Tribunal's Letter re Request for Interim Measures Dated 12 June 2012 12 Mar 2013 Tribunal's Letter re Request for Interim Measures Dated 12 June 2012
Expert Opinion of Professor Steven R. Ratner 1 Oct 2014 Expert Opinion of Professor Steven R. RatnerSource: ICSID Website