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Argentine Supreme Court Rejects Fraudulent Ecuadorian Judgment against Chevron

Gasoil News - Published on Thu, 06 Aug 2020

Image Source: Chevron Ecuador
Argentina’s highest court unanimously rejected the plaintiffs’ final bid to enforce a fraudulent USD 9.5 billion Ecuadorian judgment against Chevron Corporation. This is the latest in a string of legal victories in Chevron’s global defense against the Ecuadorian judgment, found by US courts to be the product of fraud, bribery, and corruption, and held unenforceable as a matter of international law by an international arbitral tribunal in The Hague.

On July 30, in a unanimous 5-0 decision, the Supreme Court of Argentina dismissed the plaintiffs’ appeal from the decision by the Court of Appeals in Buenos Aires of July 3, 2018, which affirmed the trial court’s opinion and dismissed the Ecuadorian plaintiffs’ action for lack of jurisdiction. Argentina’s courts have now uniformly and definitively rejected the plaintiffs’ attempt to recognize and enforce the Ecuadorian judgment in that nation.

With the decision of the Supreme Court of Argentina, the last pending proceeding seeking the recognition of the corrupt Ecuadorian judgment has come to an end. Decisions by courts and tribunals in the United States, Brazil, Canada, Gibraltar, The Hague, and now Argentina, confirm that the fraudulent Ecuadorian judgment should be unenforceable in any court that respects the rule of law. Even the Republic of Ecuador, a longstanding supporter of the litigation against Chevron, finally admitted in a public filing earlier this month that the $9.5 billion judgment issued by its courts against Chevron is “fraudulent.”

Chevron has defeated all actions to date seeking the recognition and enforcement of that judgment. In July 2019, after the Canadian Supreme Court declined to review a lower court opinion dismissing the action against Chevron’s indirect subsidiary in Canada, the plaintiffs dismissed their Canadian recognition proceeding. In November 2017, Brazil’s highest court dismissed a recognition action brought in that country. Prosecutors in both Brazil and Argentina had previously opined that the Ecuadorian judgment was unenforceable because it was the product of fraud and corruption.

The key remaining proceeding in connection with the corrupt Ecuadorian judgment is Chevron’s arbitration against the Republic of Ecuador before an international tribunal in The Hague. The tribunal ruled for Chevron on liability in 2018 and the arbitration is now in the damages phase, where Chevron is seeking to recover from the Republic of Ecuador costs Chevron has incurred to expose and defend against the fraud perpetrated against it.

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Posted By : Yogender Pancholi on Thu, 06 Aug 2020
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