Tag: BIT

  • Lago Agrio: Dutch Appeals Court Affirms Denial of Annulment

    The Court of Appeals of the Hague has affirmed a lower court decision decision refusing to set aside the interim awards Chevron had won against Ecuador in the investment treaty arbitration. The main questions before the lower court were, first, whether Chevron or Texaco had an “investment” in Ecuador for purposes of the BIT, and,……

  • 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.

  • 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……

  • 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……

  • 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……