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Forum Non Conveniens and the Enforcement of Foreign Judgments
Christopher A. Whytock is Assistant Professor of Law and Acting Professor of Political Science at the University of California, Irvine. The proper relationship between the forum non conveniens (“FNC”) doctrine and the enforcement of foreign judgments is debatable—but it seems quite clear that the status quo isn’t optimal. The Problem Here’s the problem. Based on……
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The Lago Agrio Plaintiffs Complain To The SEC
In my post of April 18, I noted that the Lago Agrio plaintiffs had released a report written by Graham Erion, a Canadian lawyer, opining that Chevron had violated the securities laws by failing to make the necessary disclosures to investors regarding the Lago Agrio case. I guessed that “the plaintiffs, via a sympathetic shareholder,……
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Unintended Consequences In The Lago Agrio Case
Keeping up their efforts to get Chevron’s shareholders to pressure management, the Lago Agrio plaintiffs have publicized a report by Simon Billenness, a consultant who “advises shareholders and fiduciaries on how to use the capital markets to protect their investments from potential environmental, social and legal risks.” The report was commissioned by Oil Change International,……
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Judge Kaplan Dismisses Some Claims Against Donziger
Judge Kaplan issued two decisions in Chevron’s RICO action against Steven Donziger yesterday, and predictably, both sides found a way to spin the decisions as a success. Recall that the gist of the claim is that Donziger and others orchestrated a scheme to extort money from Chevron by bringing a baseless lawsuit in Ecuador, creating……
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Chevron Turns Back A Challenge To A BIT Arbitral Award
I’ve previously written about the BIT arbitration between Chevron and Ecuador that Chevron commenced in September 2009. This is the arbitration in which the tribunal ordered Ecuador to take steps to suspend the effectiveness of the Lago Agrio judgment. But I don’t think I’ve yet written about an earlier BIT arbitration between Chevron and Ecuador……