Tag Archives: Lago Agrio

Lago Agrio: New Ted Olson Brief, And The Sharon Stone Case

Chevron’s lawyer, Ted Olson, has now responded to the appellants’ post-argument briefing with a very good letter brief of his own. The brief makes what I think is an appealing point about the BIT arbitration. Donziger now points to the BIT arbitration and the risk that it will yield an inconsistent finding of fact, particularly on the ghostwriting issue. Well, Olson writes, hasn’t Donziger waived or disclaimed any reliance on the arbitral tribunal, and any argument that the courts should defer to it, by his regular attack on the arbitrators and the arbitration? I’m not sure that this is compelling doctrinally, but it has persuasive value, because Donziger’s team has been badmouthing the tribunal and its members for a long time. Olson makes other points about the BIT arbitration that seem stronger. Two proceedings were necessary, he claims, because Ecuador could not have been joined in the RICO litigation on account of its sovereign immunity, and Donziger and the LAPs could not have been joined in the arbitration. That seems basically right to me, though I’m not really sure how far it gets Chevron. The point about the risk of inconsistent decisions doesn’t have much to do with the purity of Chevron’s motives in bringing the multiple claims, as far as I can tell.
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