Tag Archives: Lago Agrio

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: 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.

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