I. Introduction

A. Procedural History

1. On 12 September 2014, the Tribunal issued its Decision on Remaining Issues of Jurisdiction and on Liability (the “Decision”).

2. By letters dated 22 October and 7 November 2014, Ecuador indicated its intent to submit a Motion for Reconsideration (the “Motion”) of the Decision. By letters dated 29 October and 11 November 2014, Perenco opposed any such motion, arguing that the Decision had decided the issues in dispute addressed within it and that the Tribunal lacked any power under the ICSID Convention to reopen what it had previously decided.

3. In Procedural Order No. 11 dated 14 November 2014, the Tribunal allowed Ecuador’s request for leave to file a Motion for Reconsideration, subject to the following:

a) Ecuador’s Motion was to be filed no later than 15 December 2014;

b) The Tribunal would not, at that stage, fix a subsequent briefing schedule on the Motion;

c) The Tribunal emphasised that it had already issued a reasoned Decision; that under the ICSID Convention and the Arbitration Rules no appeal is provided for, and that only in exceptional circumstances would it be open for the Tribunal to reconsider its prior reasoned decisions;

d) Ecuador was directed to focus its Motion on the existence of those exceptional circumstances which would justify the reconsideration of the Tribunal’s Decision.

4. By agreement of the Parties, notified to the Tribunal on 11 December 2014, the deadline for the filing of Ecuador’s Motion for Reconsideration was extended to 19 December 2014. Ecuador duly submitted its Motion on 19 December 2014, accompanied by the fifth Expert Report of Juan Pablo Aguilar Andrade and its annexes, 1 factual exhibit (E-376) and 60 legal authorities (EL-204 to EL-264).