2012: $10 Billion: Hugo Chavez’s Win, EXXON’s Rex Tillerson’s Loss

In the 1990’s Venezuela announced incentives for oil companies to develop the Orinoco Oil Belt. Royalty payments were reduced from 16.7% to 1%. The operations were to be joint ventures with PDVSA with the oil companies having a majority (51%) share.[1] Four projects were established by Chevron (US), BP(British), Total (France), Statoil (Norway) and EXXON (US).

By 2007, the four projects were producing about 620,000 BPD of crude oil [1]. The projects were very profitable with Chevron estimating its margin at $24 per barrel [2] The Venezuelan government decided that the companies no longer needed “incentives” to develop the Orinoco fields. The companies were given until June 27,2007 to agree to new terms. The joint ventures were to be converted to 60% ownership by PDVSA from 51% ownership by the companies.[2] Royalty payments were to be increased to 33% from 1%. Chevron, Stahtoil, BP and Total signed agreements. Chevron estimated that its margin would be $13/barrel. [2]

EXXON refused and was asked to cease operations and leave Venezuela. Exxon’s field operations were taken over by PDVSA. The parties began negotiations for compensation for the value of EXXON’s investments. EXXON asked for a ruling from The World Bank’s Centre for Settlement of Investment Disputes (ICSID).[3] The US State Department issued a statement that it “fully supported the efforts of EXXON”. [5] The Washington Post editorialized: “Two cheers for ExxonMobil…In standing up to Mr Chavez."[6]

Exxon’s CEO was Rex Tillerson. In 2006, EXXON was the largest corporation in the world with revenue of $340 billion/year-about double Venezuela’s GDP. EXXON claimed $12 billion in compensation. EXXON’s large arbitration claim was also expected to have an effect on other countries since the claims showed that governments needed to think carefully before doing anything that EXXON did not like [2].

 The final ICSID ruling was for compensation of $1.6 billion.[4] Exxon’s loss was seen by developing country governments as an important victory [7]


   

1.Venezuela Increases Taxes, Plans Increased Control over Orinoco Oil, Venezuelanalysis, August 30, 2006.

2. Boue, Juan C., Enforcing Pacta Sunt Servanda? Conoco-Phillips and Exxon-Mobil Versus the Bolivarian Republic of Venezuela, Journal of International Dispute Settlement, 2014

3. Stein, Kenneth, Exxon-Venezuela arbitration dispute: Next Steps and Impact on Future investor-state disputes under ICSID, Journal of World Energy Law and Business, 2011.

4. Reuters, Venezuela Ordered to Pay Exxon $1.6 billion for nationalization, October 9, 2014

5. Economic Times, US Court backs ExxonMobil in spat with Venezuela’s oil firm, February 14, 2008

6. Washington Post, Mr Chavez’s Bluff, ED, February 15, 2008

7. Weisbrot, Mark, Venezuela’s OPEC Stand is a win for Climate Change Campaigners, Venezuelanalysis,    March 6, 2012.  

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