Tag Archives: arbitration

Lago Agrio: One Last Post On The DC Circuit Decision

A final update on the recent DC Circuit decision: the Donziger camp has confirmed to me that the Ecuadoran court order, mentioned in my second post on the case, is still in effect. Thus Ecuadoran law apparently requires the Ecuadoran government to pay the award to the Lago Agrio plaintiffs rather than to Chevron. However, the Donziger folks also tell me that no money can be paid under Ecuadoran law until the National Assembly takes certain steps. (This is sensible and familiar, as US law requires an appropriation before money can be spent from the treasury). I am guessing there will be quite a long delay (and maybe a petition for a rehearing en banc or a petition to the Supreme Court, as suggested in a recent statement from the Ecuadoran attorney general) while the Ecuadoran government figures out what it wants to do, because it is in a pickle.
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Case of the Day: Commissions Import Export v. Republic of the Congo

The case of the day is Commissions Import Export, S.A. v. Republic of the Congo (D.D.C. 2015). I’ve written about this case twice before, once in the D.D.C. and once in the D.C. Circuit. In the previous case, the question was: when a party to a foreign arbitration has obtained a judgment confirming the award from a foreign court and then seeks recognition and enforcement of the foreign judgment rather than of the award in a US court, does the statute of limitations in § 207 of the FAA preempts any longer statute of limitations available under state law governing the recognition and enforcement of foreign judgments? The D.C. Circuit said no, and so the case was back in the district court on remand to consider the merits of Commisimpex’s claim for recognition and enforcement of the foreign judgment.
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