Comments on: Lago Agrio: The Argentine and Brazilian Developments, In English https://lettersblogatory.com/2017/11/08/lago-agrio-the-argentine-and-brazilian-developments-in-english/ The Blog of International Judicial Assistance Mon, 18 Nov 2024 01:29:22 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Julio Cordoba https://lettersblogatory.com/2017/11/08/lago-agrio-the-argentine-and-brazilian-developments-in-english/#comment-2970 Thu, 09 Nov 2017 22:22:07 +0000 https://lettersblogatory.com/?p=25613#comment-2970 Ted, i think that your question is answered in the decision:
“jurisdiction to hold an exequatur proceeding belongs to the courts in a country where attachable property is found (see Werner Goldschmidt, “International Private Law,” 9th Ed., LexisNexis, 2005, p. 487).
In this regard, Goldschmidt has also argued in another work that “The judge himself enjoys direct international jurisdiction if recognition and enforcement can be fulfilled in his territory. Thus, for example, a judge enjoys direct international jurisdiction to enforce a foreign judgment if the subject of enforcement is located in his district or, if the case involves a money award, if attachable property belonging to the judgment debtor is located in his district.” (see Werner Goldschmidt, “The Three Requirements for Direct and Indirect International Jurisdiction,” EL DERECHO, Vol. 93, p. 962). I think this excerpt makes clear that if Chevron itself had assets of its own in Argentina the enforcement of the judgment was possible to the extent of the assets.

What I wonder is why Chevron’s actions in Chevron Argentina were not considered as attachable property in Argentina.

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