Chevron says tribunal finds Ecuador in breach of its obligations

Chevron announced that an international arbitration tribunal issued an award finding that the Republic of Ecuador has violated the Tribunal’s prior Interim Awards authorized under international law and a treaty between the United States and Ecuador by not preventing the attempted enforcement of a $19B judgment against Chevron. In prior rulings, the Tribunal put the Republic on notice that if Chevron’s arbitration ultimately prevails, “any loss arising from the enforcement of (the judgment) may be losses for which the (Republic) would be responsible to (Chevron) under international law.” In its ruling, the Tribunal found that “Neither disagreement with the Tribunal’s orders and awards on interim measures nor constraints under Ecuadorian law can excuse the failure of the (Republic), through any of its branches or organs, to fulfil its obligations under international law imposed by the Treaty, the UNCITRAL Rules and the Tribunal’s orders and awards thereunder, particularly the First and Second Interim Awards on Interim Measures.” In August 2011, a different international arbitration tribunal convened under the BIT awarded Chevron and Texaco Petroleum $96M, plus interest, in a claim against the Republic of Ecuador related to past oil operations. The Tribunal found that Ecuador's courts violated the BIT and international law through their decade-long delays in ruling on certain commercial disputes between Texaco Petroleum and the Ecuadorian government. A court in the Netherlands has upheld the award and Ecuador has filed a second appeal.

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