Navigation Links
Arbitral Tribunal Renders Partial Award in the Proceeding Filed by Chevron Against the Ecuadorian State

Quito (PRWEB) September 19, 2013

On Tuesday September 17, 2013, the Arbitration Tribunal hearing the matter brought by Chevron Corporation and Texaco Petroleum Company against the Ecuadorian State issued a partial award in which it decided certain issues related to Chevron-Texaco’s claim that the Republic allegedly breached the Settlement Agreement signed in 1995, in relation with third-party environmental claims against Chevron.

In its decision, the Tribunal –constituted under the UNCITRAL Rules– agreed with the Ecuadorian legal defense in finding that the aforementioned Settlement Agreement did not preclude the Lago Agrio plaintiffs from asserting claims “in respect of their own individual rights”. According to the Tribunal, the Agreement refers to claims that Ecuador might raise in the exercise of their own rights and not to claims by third parties acting independently from the state in the exercise of their individual rights.

The Tribunal, however, found that the 1995 Settlement Agreement barred third parties from asserting “diffuse” or “collective” claims, as these would have been the subject of the release conferred by the Government at the time.
In this regard, the Tribunal expressly declined to address at this time the question whether the claim of the Lago Agrio plaintiffs sought the vindication of their individual rights or diffuse rights, or both.

Although the Tribunal concluded that Chevron is a "releasee" under the Agreement referred above, it rejected oil company’s argument that the Agreement contained an implicit "hold harmless" clause or indemnity provision that, according to the transnational company, required the Ecuadorian State be held liable for any costs to incurred or any judgment rendered against Chevron.

In this partial award, the Tribunal expressly declined to rule on the alleged breach of the Release Agreement. In relation to this award, the Attorney General of Ecuador, Diego Garcia Carrion, rejected Chevron’s press release, issued earlier today, titled “International Arbitration Tribunal Finds Chevron Not Liable For Environmental Claims In Ecuador”, since far from what was asserted by the company, the Tribunal made no such finding whatsoever.

According to Dr. Garcia, contrary to the transnational’s press statement, the Tribunal did not consider, let alone decide, Chevron’s allegation that the Ecuadorian judgment is fraudulent and likewise did not find, as Chevron’s Vice-President is quoted as saying, “that the fraudulent claims against Chevron should not have been brought in the first place.”

With the issuance of the Partial Award, the Tribunal brings to a close the first of at least two substantive phases of the arbitration.

The second phase refers to the accusation made by Chevron-Texaco in a press release issued on September 18, on an alleged denial of justice committed by the Ecuadorian State against the company, by having allowed the continuation of the Lago Agrio proceeding, which under the companies' view is fraudulent. Within this second phase, the Tribunal has scheduled a hearing that is to commence in January 2014.

The Attorney General clarified that the defense team of the State reserves all rights with respect to the Tribunal's decisions, particularly for acting without jurisdiction and enforcing a Bilateral Investment Treaty entered into force long after the investor voluntarily left the country.

Case Background

On September 23, 2009, Chevron and Texaco Petroleum filed a claim in arbitration against the Ecuadorian State regarding an alleged breach of the BIT, which seeks to hold the Ecuadorian State liable for any consequences arising out from the Lago Agrio proceeding, brought by indigenous plaintiffs against Chevron for its operations in the Ecuadorian Amazon region.

In this arbitral claim, Claimants accuse Ecuador of an alleged denial of justice by allowing the Lago Agrio proceeding to proceed, and further allege that the Republic is in breach of other international obligations to afford them fair and equitable treatment, effective means of redress, nondiscriminatory treatment and full protection and security.

Procuraduría General del Estado (Ecuador)
Telephone: (02) 2 559 308

PCA Case No. 2009-23

Read the full story at

Source: PRWeb
Copyright©2012 Vocus, Inc.
All rights reserved

Related medicine news :

1. Mayo Clinic: Exhaustion renders immune cells less effective in cancer treatment
2. Partial livers from deceased donors saving the lives of infants
3. Partial Knee Replacement – If It’s Not Broken, Don’t Fix It. A Guide to Knee Replacements
4. Donor aortic graft improves reconstruction after partial laryngectomy
5. Home Care Assistance Awarded 2013 Home Care Pulse Endorsed National Provider and 2013 Best of Home Care® Endorsed National Provider
6. The Art of Living TV Show Announces 2013 Telly Award Honors for DC’s Wine Country - Visit Loudoun Segment
7. The American Hospital Association Awards Exclusive Endorsement to Walgreens WellTransitions® Program for Medication Adherence
8. Oregon Health Care Association Honors Long-Time Avamere Volunteer with Recognition Award
9. McCarthy Selected as Turknett Leadership Character Award
10. Scalability Experts Is Awarded “Outstanding Partner for 2013” by HP and Microsoft at Worldwide Partner Conference
11. Senior Solutions Management Group’s BBQ Doctor Program Receives 2013 Innovator of the Year Award from Leading Age Tennessee
Post Your Comments:
(Date:6/24/2016)... ... , ... Those who have experienced traumatic events may suffer from a complex ... as drug or alcohol abuse, as a coping mechanism. To avoid this pain and ... a traumatic event. , Trauma sufferers tend to feel a range of emotions, from ...
(Date:6/24/2016)... (PRWEB) , ... June 24, 2016 , ... Marcy was in a crisis. Her son ... lash out at his family verbally and physically. , “When something upset him, he couldn’t ... would use it. He would throw rocks at my other children and say he was ...
(Date:6/24/2016)... ... 24, 2016 , ... Global law firm Greenberg Traurig, P.A. announced that 20 ... by their peers for this recognition are considered among the top 2 percent of ... honors as members of this year’s Legal Elite Hall of Fame: Miami Shareholders ...
(Date:6/24/2016)... ... June 24, 2016 , ... Comfort Keepers® of San Diego, CA is ... Road To Recovery® program to drive cancer patients to and from their cancer treatments. ... the highest quality of life and ongoing independence. Getting to and from medical ...
(Date:6/24/2016)... ... ... People across the U.S. are sharpening their pencils and honing their writing skills ... patients and their families pay tribute to a genetic counselor by nominating him or ... Counselors (NSGC) Annual Education Conference (AEC) this September. , In April, Genome magazine ...
Breaking Medicine News(10 mins):
(Date:6/23/2016)... -- Research and Markets has announced the addition ... 2022" report to their offering. ... with kidney failure, it replaces the function of kidneys by ... and thus the treatment helps to keep the patient body,s ... Increasing number of ESRD patients & substantial healthcare ...
(Date:6/23/2016)... INDIANAPOLIS , June 23, 2016 Roche ... received 510(k) clearance for its Elecsys BRAHMS PCT (procalcitonin) ... severe sepsis or septic shock. With this clearance, Roche ... provide a fully integrated solution for sepsis risk assessment ... associated with bacterial infection and PCT levels in blood ...
(Date:6/23/2016)... -- Bracket , a leading clinical trial technology and ... platform, Bracket eCOA (SM) 6.0, at the 52 nd ... 2016 in Philadelphia , Pennsylvania.  A demonstration ... of its kind to fully integrate with RTSM, will be ... is a flexible platform for electronic clinical outcomes assessments that ...
Breaking Medicine Technology: