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Lago Agrio: Tribunal Says US Decision Has No Preclusive Effect
Chevron won a victory when the tribunal hearing its investment treaty claim against Ecuador granted its application to add the Second Circuit’s recent decision to the record in the arbitration. But the tribunal’s order is, in an important sense, a much bigger victory for Ecuador.
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Lago Agrio: Settlement Prospects
In a comment to my post on the Second Circuit’s decision in Chevron v. Donziger, Doug Cassel raises the possibility of a settlement: “The best way forward continues to be for all parties to pursue a settlement in good faith.” Now, I have no idea what is going on behind the scenes. But how should……
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Lago Agrio: David Russell Speaks
One of my favorite characters from the Lago Agrio story is David Russell, the purveyor of the SWAG, the “scientific wild-assed guess” about the cost of remediation that launched a thousand lawyers. I’ve written a couple of times about him. First, I reviewed his testimony on direct examination in the RICO trial, and second, I……
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Case of the Day: Chevron v. Donziger
Steven Donziger, the Lago Agrio plaintiffs’ US lawyer, was caught on tape telling members of his litigation team: “Facts do not exist, facts are created.” What does that mean? There’s the nefarious interpretation of course—lawyers should make up the facts they need to win a case, without regard to what’s true. Everyone should reject that……
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Lago Agrio: Fajardo Turns On Donziger?
I didn’t see this one coming! Recall that after winning the Lago Agrio case, the plaintiffs had attached Chevron’s assets in Ecuador to satisfy the judgment. One of those assets was the right to payment of $96 million on account of a treaty arbitration pending between Chevron and Ecuador. As I noted last week, Ecuador,……