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Breaking: Lago Agrio Plaintiffs Sue Ecuador in the Inter-American Commission on Human Rights
Letters Blogatory has learned that the Ecuadoran plaintiffs who obtained a judgment against Chevron in Ecuador have filed a petition against Ecuador before the Inter-American Commission on Human Rights. Here’s the scoop: Chevron is engaged in an investment treaty arbitration against Ecuador under the US/Ecuador bilateral investment treaty. Chevron is seeking orders that would require……
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Invictus: Speculation About Enforcement Of The Ecuadoran Judgment
In Latin, invictus means “unconquered.” The word is most familiar to English readers from William Ernest Henley’s poem of that name: Out of the night that covers me, Black as the pit from pole to pole, I thank whatever gods may be For my unconquerable soul. In the fell clutch of circumstance I have not……
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Arbitrators Issue First Interim Award Against Ecuador
While our attention has been focused over the past few days on developments in the Second Circuit, there have been developments in the BIT arbitration between Chevron and Ecuador pending in the Hague. Back in February 2011, the tribunal, though it had not then ruled on its jurisdiction, issued a procedural order under Article 26……
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More Thoughts On The Second Circuit Decision In Chevron Corp. v. Naranjo
In my last post on Chevron v. Naranjo, I disagreed with the notion that some peculiarity of the Uniform Foreign Money Judgment Recognition Act implied that a party facing recognition and enforcement proceedings could not seek a declaration that the foreign judgment was not entitled to recognition. But a comment by Roger Alford at the……
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Did The Second Circuit Get It Right?
My first post on the Second Circuit’s blockbuster decision in the Chevron/Ecuador case highlighted the court’s emphasis on comity as a reason not to enjoin recognition and enforcement actions in other countries. I think the court got this 100% right. Thus I agree that Judge Kaplan’s injunction was improper. But I also noted that I……