Letters Blogatory

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

Posts tagged “Netherlands”

Lago Agrio: Dutch Supreme Court Affirms Decision In BIT Arbitration

Posted on April 17, 2019

The Hoge Raad (the Dutch Supreme Court) has affirmed a lower court’s decision refusing to annul the interim awards in favor of Chevron in its investment treaty arbitration against Ecuador arising out of the Lago Agrio case. I covered one of the interim awards in February 2012, if you can believe that, as well as the first instance judgment on the request for annulment in January 2016 and the decision of the Court of Appeals of the Hague in July 2017.

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Cert. Watch: Kiobel v. Cravath

Posted on November 29, 2018

I’m keeping an eye on the new cert. petition in Kiobel v. Cravath, Swaine & Moore LLP. This was the case where a plaintiff had sought to use § 1782 to obtain documents from its opponent’s (Royal Dutch Shell’s) US law firm (Cravath) that had previously been produced, for use in US litigation, subject to a protective order. She sought the documents for use in Dutch litigation. The district court had allowed the application, but the Second Circuit reversed, holding that the lower court had abused its discretion. As I highlighted in my prior post, the key to the Second Circuit’s decision (which I criticized) seems to be that the Dutch court might not treat the documents as confidential and that Shell, Cravath’s client,…

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Lago Agrio: The Remedy

Posted on September 14, 2018

This is the third post about the new arbitral award in the Chevron/Ecuador case. The first post addressed the tribunal’s finding that the Lago Agrio judgment was ghostwritten. The second addressed the issue of estoppel as it related to the question whether Chevron had an investment in Ecuador so as to implicate the bilateral investment treaty between the United States and Ecuador. Today I am going to take a look at some of the remedies the tribunal ordered. I am planning a fourth and final post about the release Texaco obtained from the Ecuadoran government at the time it did its remediation. In case anyone is wondering, I don’t really plan to write about the merits of the claims under the investment treaty at…

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