Wednesday, October 01, 2008

Update on Odebrecht vs. Ecuador

International news agencies mention that Brazilian multinational Odebrecht has accepted the terms of Ecuador to resolve a dispute over the San Francisco hydroelectric plant (you can click here for related news in English).

According to globo.com, Odebrecht deposited approx. US$ 44 million today under the trust of a neutral third party. The amount deposited will be pending satisfaction of a third party independent analysis of the contingencies related to the breakdown of the San Francisco hydroelectric plant.

It's likely that the dispute does not qualify for investor-State arbitration, as Brazil has not entered in any BIT with Ecuador or signed the ICSID Convention. At the moment, there is no news available, as to whether there was an arbitration clause in the agreement signed by Odebrecht for the construction of the power plant.

In any case, it is not acceptable that Brazilian corporations continue to be unprotected by bilateral or multilateral investment treaties in their investments abroad.

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