Lago Agrio: Supreme Court Denies Cert. In Chevron-Ecuador Arbitration


On Monday, the Supreme Court denied Ecuador’s petition for a writ of certiorari in the BIT arbitration brought by Chevron arising out of undue delay in the settlement of lawsuits TexPet (of which Chevron was a shareholder) had brought against Ecuador in the early 1990s.

As the US and Dutch Supreme Courts have now ruled, it seems to me that barring something extraordinary, the case is now over as a matter of Ecuador’s obligations under the BIT. There may still be an issue about Ecuadoran law, namely whether Ecuadoran law permits payment of the award and whether, under Ecuadoran law, the award must be paid to Chevron or else to the Lago Agrio plaintiffs. I will try to report on additional developments.


Leave a Reply

Your email address will not be published. Required fields are marked *

Thank you for commenting! By submitting a comment, you agree that we can retain your name, your email address, your IP address, and the text of your comment, in order to publish your name and comment on Letters Blogatory, to allow our antispam software to operate, and to ensure compliance with our rules against impersonating other commenters.