Tag Archives: Ecuador

Lago Agrio: The Dissent

Readers, I erroneously reported that one of the three arbitrators, Dr. Horacio A. Grigera Naón, had dissented without an opinion. In fact, he did write a brief note of dissent, which I simply hadn’t seen. I’m not going to review it in depth: in the main, the disagreement concerns how to interpret the earlier Ecuadoran precedents on how to distinguish individual from diffuse environmental claims.

Case of the Day: NYKCool v. Pacific International Services

The case of the day is NYKCool A.B. v. Pacific International Services, Inc. (S.D.N.Y. 2015). NYKCool had a arbitration award for $8.7 million against Pacific Fruit Inc. and Kelso Enterprises. More than $6 million of the award was unsatisfied. It brought an action to pierce the corporate veil against Álvaro Fernando Noboa Pontón, the companies’ principal, who was an Ecuadoran national. NYKCool’s first attempt to serve process on Noboa—by email to an email address listed on the website for Noboa’s charitable foundation, Cruzada Nueva Humanidad—was quashed. But the judge authorized NYKCool to serve process by email to the lawyers who appeared on Noboa’s behalf in connection with the motion to quash.
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