By: Lago Agria: Judge Guerra Revisited | Letters Blogatory

Lago Agria: Judge Guerra Revisited | Letters Blogatory — Tue, 03 Mar 2015 15:02:35 +0000

[…] against it by Chevron, Ecuador has been able to do better than Donziger and the LAPs in many ways. Back in November, it was clear that Ecuador had some serious arguments about the judgment ghostwriting and Judge […]

By: Ted Folkman

Ted Folkman — Mon, 01 Dec 2014 18:04:26 +0000

In reply to Tom C.. Tom, thanks for your comment—I try my best. I wrote about the "TPH" issue to illustrate a "gotcha!" aimed at a "gotcha!" Elsewhere I have given my reasons for thinking that Judge Guerra is not really worthy of belief. You are right that the case is "not my professional focus." Is it your professional focus? It's clear you're pretty familiar with the case.

By: Tom C.

Tom C. — Mon, 01 Dec 2014 17:20:11 +0000

I have followed your coverage of the Chevron case. As it is with most commentators on the case, it is not your professional focus; thus, it is understandable that you are often unfamiliar with the details of the case and thus susceptible to the disingenuous arguments made by the Lago Agrio Plaintiffs and the Republic of Ecuador that seek to exploit that unfamiliarity. Your post today provides a perfect example: You are apparently impressed by the Republic of Ecuador’s argument that Judge Zambrano was unfamiliar with the term “TPH” because “the Spanish acronym is ‘HTP'”. But a simple review of the original Spanish version of the judgment reveals that its author(s) did not use “the Spanish acronym ‘HTP’” as the Republic implies; the author(s) of the judgment (who any objective and informed observer knows was not Zambrano) used the English acronym “TPH”, and he/she/they used it more than 40 times throughout the judgment. Thus, while some Spanish-speakers might be unfamiliar with the term, the author of the judgment certainly would not be. The Republic’s argument on this point is disingenuous and specious. This is but one example of how the Lago Agrio Plaintiffs’ lawyers and their colleagues representing the Republic of Ecuador seek to deceive courts, the media, and the public regarding the corruption of the Chevron case. Any objective observer with the time and patience to review and critically assess the evidence and arguments of both sides (such as Judge Kaplan) would come to the same conclusion about the corrupt nature of the case and the unprecedented attempt to shake down Chevron. Those without such time, patience, and objectivity do not serve the public by credulously endorsing the plaintiffs’ and the Republic’s dishonest rhetoric.

Comments on: Lago Agrio: Ecuador’s Latest Brief In The BIT Arbitration

By: Lago Agria: Judge Guerra Revisited | Letters Blogatory

By: Ted Folkman

By: Tom C.