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Lago Agrio: Dutch Appeals Court Affirms Denial of Annulment
The Court of Appeals of the Hague has affirmed a lower court decision decision refusing to set aside the interim awards Chevron had won against Ecuador in the investment treaty arbitration. The main questions before the lower court were, first, whether Chevron or Texaco had an “investment” in Ecuador for purposes of the BIT, and,……
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Case of the Day: ECO Heating Systems v. Hamilton Engineering
The case of the day is ECO Heating Systems Groningen, N.V. v. Hamilton Engineering, Inc. (E.D. Mich. 2017). The case involves recognition of a foreign judgment and a claim that the foreign court lacked personal jurisdiction, just like yesterday’s case. But I want to focus on an odd issue of arbitrability in the case instead.……
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Case of the Day: In re Kiobel
The case of the day is In re Kiobel (S.D.N.Y. 2017). Esther Kiobel was the plaintiff in the now-famous Kiobel case, a class action against Royal Dutch Shell and others under the Alien Tort Statute, claiming that Shell was liable for human rights violations committed by the Nigerian government against her and others in Nigeria……
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Case of the Day: Honig v. Cardis Enterprises
The case of the day is Honig v. Cardis Enterprises International N.V. (E.D.N.Y. 2016). Edward Honig sued Cardis Enterprises International N.V.,and others for securities fraud. Cardis was a Curaçao company. It moved to dismiss for insufficient service of process.
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Lago Agrio: Dutch Court Rejects Ecuador’s Motion to Set Aside the Interim Awards
The District Court of the Hague has rejected Ecuador’s attempt to set aside the interim awards entered by the tribunal hearing the BIT dispute between Ecuador and Chevron. As I have previously noted, the tribunal had ordered Ecuador to “take all measures necessary to suspend or cause to be suspended the enforcement and recognition within……