Comments on: Lago Agrio: Ecuador Wins A Round In The Investment Treaty Arbitration https://lettersblogatory.com/2015/03/13/lago-agrio-ecuador-wins-a-round-in-the-investment-treaty-arbitration/ The Blog of International Judicial Assistance Fri, 14 Sep 2018 17:11:41 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Lago Agrio: The Remedy | Letters Blogatory | Letters Blogatory https://lettersblogatory.com/2015/03/13/lago-agrio-ecuador-wins-a-round-in-the-investment-treaty-arbitration/#comment-2155 Fri, 14 Sep 2018 17:11:41 +0000 https://lettersblogatory.com/?p=20312#comment-2155 […] the operative part of the award also declared (as the tribunal had previously found) that the Lago Agrio plaintiffs had pleaded individual claims for relief rather than only so-called […]

]]> By: Lago Agrio: Oral Argument At The Second Circuit (And A Special Letters Blogatory Backgrounder) | Letters Blogatory https://lettersblogatory.com/2015/03/13/lago-agrio-ecuador-wins-a-round-in-the-investment-treaty-arbitration/#comment-2154 Tue, 21 Apr 2015 11:15:44 +0000 https://lettersblogatory.com/?p=20312#comment-2154 […] the course of the appeal. Intrepid reader Chad, while he didn’t make a formal prediction, did raise the idea of a retrial of the case in the United States. I pooh-poohed the idea as unprecedented, but as my […]

]]> By: Chad https://lettersblogatory.com/2015/03/13/lago-agrio-ecuador-wins-a-round-in-the-investment-treaty-arbitration/#comment-2153 Thu, 26 Mar 2015 16:30:40 +0000 https://lettersblogatory.com/?p=20312#comment-2153 In reply to Ted Folkman.

That is an interesting question as well. Chevron certainly has not found the U.S. forum to be inconvenient for purposes of discovery and recognition proceedings.

]]> By: Ted Folkman https://lettersblogatory.com/2015/03/13/lago-agrio-ecuador-wins-a-round-in-the-investment-treaty-arbitration/#comment-2152 Sun, 15 Mar 2015 14:20:36 +0000 https://lettersblogatory.com/?p=20312#comment-2152 In reply to Chad.

Thanks Chad. I’ve never heard anyone suggest retrying the whole underlying case!

Can you bring a new lawsuit in a forum that the courts have previously found to be seriously inconvenient?

]]> By: Chad https://lettersblogatory.com/2015/03/13/lago-agrio-ecuador-wins-a-round-in-the-investment-treaty-arbitration/#comment-2151 Fri, 13 Mar 2015 18:14:47 +0000 https://lettersblogatory.com/?p=20312#comment-2151 Thanks for the update and analysis Ted. So let’s go with the tribunal’s finding that the Ecuador plaintiffs have individual claims against Chevron that were not released. Let’s also assume that the ruling from Ecuador is found to be fraudulent and not recognizable in any US courts (and for purposes of the hypothetical) or anywhere else in the world that the Ecuador plaintiffs could collect on the judgment against Chevron. At that point, what would prevent the Ecuador plaintiffs from bringing a new lawsuit in the U.S.? Since no final judgment on the merits, I wouldn’t think res judicata would be a bar. Statute of limitations perhaps?

]]> By: Lago Agrio: The Dissent | Letters Blogatory https://lettersblogatory.com/2015/03/13/lago-agrio-ecuador-wins-a-round-in-the-investment-treaty-arbitration/#comment-2150 Fri, 13 Mar 2015 12:38:26 +0000 https://lettersblogatory.com/?p=20312#comment-2150 […] I erroneously reported that one of the three arbitrators, Dr. Horacio A. Grigera Naón, had dissented without an […]

]]>