Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Montevideo Convention

More on the new Brazilian Action in the Lago Agrio Case

Posted on June 28, 2012

Here is an unofficial translation of the Lago Agrio plaintiffs’ complaint seeking recognition and enforcement of their Ecuadoran judgment in Brazil. In my last post on the case, I noted that both Brazil and Ecuador were parties to the Montevideo Convention, an OAS treaty that several South and Central American states have ratified. The Convention is a true judgments convention, providing for mutual recognition and enforcement of judgments provided the conditions of the Convention are met. Here is a summary of the main provisions: The Convention applies to judgments “rendered in civil, commercial or labor proceedings in one of the States Parties.” If a state makes an appropriate declaration, the Convention also applies to “judgments in penal proceedings ordering compensation for damages resulting from…

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BREAKING: Lago Agrio Plaintiffs Seek Recognition and Enforcement in Brazil

Posted on June 28, 2012

I was planning to take the rest of the week off, but I have a breaking story to report in the Lago Agrio case. The Lago Agrio plaintiffs have filed a second lawsuit seeking recognition and enforcement of their judgment, this time in the Superior Court of Justice (the Superior Tribunal de Justiça) in Brasilia. Here is the complaint in Portuguese. I will post an English translation when available. I don’t read Portuguese, but I don’t have to in order order to get the gist of the complaint: the first major heading is: “Chernobyl Da Amazônia.” One interesting feature of this new case is that both Brazil and Ecuador (but not the United States or Canada) are parties to the Inter-American Convention on the…

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