Tag Archives: BIT

Lago Agrio: Dutch Court Rejects Ecuador’s Motion to Set Aside the Interim Awards

The District Court of the Hague has rejected Ecuador’s attempt to set aside the interim awards entered by the tribunal hearing the BIT dispute between Ecuador and Chevron. As I have previously noted, the tribunal had ordered Ecuador to “take all measures necessary to suspend or cause to be suspended the enforcement and recognition within and without Ecuador of the judgments” the Ecuadoran courts had issued against Chevron, pending the outcome of the arbitration.
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Case of the Day: Chevron v. Ecuador

The case of the day is Chevron Corp. v. Republic of Ecuador (D.C. Cir. 2015). Today’s decision doesn’t relate to the main Lago Agrio case or the BIT arbitration related to the Lago Agrio case. It relates instead to another BIT arbitration in which Chevron claimed it had suffered damages on account of undue delay in the settlement of lawsuits TexPet (of which Chevron was a shareholder) had brought against Ecuador in the early 1990s. The arbitration resulted in a $96 million awared in Chevron’s favor. I’ve written about the case a few times before:

  • My post on the Dutch first instance decision refusing to vacate the award.
  • A post on Chevron’s motion to confirm in Washington.
  • My post on the decision confirming the award. This is the decision that was on appeal in today’s case.
  • My post on the Dutch Supreme Court decision.

Continue reading Case of the Day: Chevron v. Ecuador

Lago Agrio: The Dissent

Readers, I erroneously reported that one of the three arbitrators, Dr. Horacio A. Grigera Naón, had dissented without an opinion. In fact, he did write a brief note of dissent, which I simply hadn’t seen. I’m not going to review it in depth: in the main, the disagreement concerns how to interpret the earlier Ecuadoran precedents on how to distinguish individual from diffuse environmental claims.