Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Pierce Bainbridge

Posts tagged “BIT

Case of the Day: In re Application of Ruiz

Posted on October 26, 2018

The case of the day is In re Application of Ruiz (S.D.N.Y. 2018). In 2017, European and Spanish banking regulators sold Banco Popular Español, a bank they thought failing, to Banco Santander for € 1. Investors in Banco Popular then sued in the EU’s Court of Justice, and some of them also brought investor-state arbitrations against Spain under the Mexico/Spain BIT. Finally, some of the investors sought to join Spanish criminal proceedings against Banco Popular and its former managers. The investors applied to the court under § 1782 for leave to take discovery of Santander (including the Spanish bank itself, which had a US branch, and some US subsidiaries) for use in the foreign proceedings. Although the judge framed the issue as whether the…

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Lago Agrio: The Remedy

Posted on September 14, 2018

This is the third post about the new arbitral award in the Chevron/Ecuador case. The first post addressed the tribunal’s finding that the Lago Agrio judgment was ghostwritten. The second addressed the issue of estoppel as it related to the question whether Chevron had an investment in Ecuador so as to implicate the bilateral investment treaty between the United States and Ecuador. Today I am going to take a look at some of the remedies the tribunal ordered. I am planning a fourth and final post about the release Texaco obtained from the Ecuadoran government at the time it did its remediation. In case anyone is wondering, I don’t really plan to write about the merits of the claims under the investment treaty at…

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Lago Agrio: Chevron Wins Investment Treaty Arbitration Against Ecuador

Posted on September 10, 2018

The tribunal hearing the investment treaty dispute between Chevron and Ecuador has issued a partial award that decides the case in Chevron’s favor. I learned of the award on Friday, and there’s a lot in there that eventually I want to write about. But I do want to take an initial look at an issue that I’ve been writing about for a long time. Chevron claims that the Lago Agrio judgment, issued under Judge Zambrano’s name, was in fact ghost-written. In the RICO case, the LAPs denied this, and Ecuador denies it, too. I’ve previously opined that while some of the fraud claims in the case had clearly been proved (notably, the claim that the LAPs’ team wrote the report of Cabrera, the supposedly…

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