Chevron Ecuador Dispute Heats Up
Last week was a blockbuster one in the ongoing battle between Chevron and Ecuador. On Wednesday, the arbitral tribunal adjudicating Chevron’s BIT claim issued an Interim Award ordering Ecuador “to take all measures at its disposal to suspend or cause to be suspended the enforcement or recognition within or without Ecuador of any judgment against [Chevron] in the Lago Agrio Case.”
The tribunal was at pains to emphasize the interim award was final and binding under Article 32 of the UNCITRAL Rules, which means that Chevron could pursue recognition and enforcement of the award in jurisdictions around the world. It could do so offensively by seeking declaratory relief in Ecuador (or elsewher [...]
Kluwer Arbitration Blog Wins CPR Award
On behalf of the many contributors to this blog and the good folks at Kluwer Law International, I am pleased to announce that this blog has won CPR’s 2011 award for best electronic media focused on ADR. The press release is here.
As most of you know, the CPR Institute is a nonprofit think tank and alliance of global corporations, law firms, scholars, and public institutions dedicated to the principles of commercial conflict prevention and alternative dispute resolution. The “Best Electronic Media Award” is presented annually to “a company, group, or individual that has produced exceptional electronic media that was focused on the field of Alternative Dispute Resolution.”
CPR pre [...]
Ecuador Appeals Court Affirms Lago Agrio Judgment
On January 3, 2012 an Ecuador Appeals Court affirmed the $18 billion judgment against Chevron in the long-running battle over environmental damage. (Available in English and the original Spanish here). According to an unofficial English translation of the sixteen page opinion, the Court dismissed all of Chevron’s arguments, including the allegations of fraud. Here is a taste:
As for the invalidity of the trial “for procedural fraud and violation of the guarantees of due process” it must be said that the record of the trial court reflects that the Defendants have exercised a vigorous and ample defense in the trial—the thousands of pages that bloat the trial have already been menti [...]
David J. Bederman (1961-2011)
My friend David Bederman, the K.H. Gyr Professor in Private International Law at Emory Law School, has passed away. Emory Law School has offered kind remarks of his passing here, and here, and others offer their reflections on his life here, here, here and here.
Bederman was a prince of a guy, and a great international law scholar who loved the life of the law. I’ve known him for over twenty years and always appreciated his thoughtful analysis and kind words.
When I asked him several years ago what sustained him as he was battling cancer, he said that, in addition to his family, he loved to wake up every morning and think about his latest writing project. He wrote until his dying days, f [...]
Introducing Annalise Nelson
I am pleased to introduce Annalise Nelson as the new Assistant Editor for Kluwer Arbitration Blog. Annalise has a B.A. from Harvard College, a J.D. from University of Virginia and a Masters in Law and Economic Globalization from the Institut des Etudes Politiques (“Sciences Po”) and Paris I. She worked as a litigation, trade and international arbitration attorney at Hogan Lovells LLP in Washington, DC from 2007-2010, and recently completed a clerkship at the International Court of Justice in The Hague, Netherlands. In addition to her role as Assistant Editor of the Kluwer Arbitration Blog, she currently serves as Assistant to the President of an investment tribunal.
Welcome Annalise!
[...]The Implications of Chevron v. Ecuador for Investor-State Arbitration
On Monday, October 24, I’ll be participating in a panel discussion at NYU on the The Implications of Chevron v. Ecuador for Investor-State Arbitration. The event will be held at 6 p.m. at Furman Hall 900, 245 Sullivan Street, New York. The event is sponsored by NYU Law School’s Institute for International Law and Justice.
Topics will include: Do arbitrators have the power to give Chevron what it wants? Are there any limits left on U.S. discovery in aid of arbitration? What will the endgame look like, and will it advance human rights?
Moderators:
• Michael D. Goldhaber, The American Lawyer
• Professor Robert Howse, NYU Law School
Commentators:
• Professor Roger Alford, Pepperdine Law [...]
