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雪佛龙Corp. Statement on Canadian Court of Appeal Decision in Ecuador Enforcement Proceeding

SAN RAMON, Calif., Dec. 17 – The Court of Appeal for Ontario has granted an appeal brought by a group of Ecuadorian plaintiffs. The decision affords the plaintiffs no substantive relief and merely allows the action to go forward. The plaintiffs are seeking to have an Ecuadorian judgment against Chevron Corp. recognized and enforced in Ontario, Canada.

In May 2013, the Ontario Superior Court of Justice stayed all efforts to recognize that judgment in Ontario. In granting the appeal, the Court of Appeal did not address whether the Ecuadorian judgment was procured by fraud or whether the Ecuadorian judgment should be recognized or enforced at all against Chevron Corp. or its independent, indirect subsidiary, Chevron Canada Limited. Nor did the Court grant any relief or remedy whatsoever to the Ecuadorian plaintiffs. The Court limited its determination only to whether the Ontario court may entertain further proceedings in the action.

法院判决规定:

"In these circumstances, the Ecuadorian plaintiffs should have an opportunity to attempt to enforce the Ecuadorian judgment in a court where Chevron will have to respond on the merits. That the plaintiffs in this case may ultimately not succeed on the merits of their recognition and enforcement action, or that they may not succeed in successfully collecting from the judgment debtors against whom they bring this action, are not relevant factors for a court to consider in determining whether to grant a discretionary stay before defendants have even attorned to the jurisdiction of the Ontario court."

作为回应,雪佛龙公司发布了以下声明:

“雪佛龙公司正在评估下一步,包括对当今对加拿大最高法院的决定的可能呼吁。如果厄瓜多尔原告真的相信厄瓜多尔判决的有效性,他们应该在美国寻求执法,雪佛龙公司的执法。resides, rather than targeting assets of the company's subsidiaries that are not parties to the Ecuadorian litigation. They are aware that in the U.S., however, they would be confronted by the fact thateight federal courts已经发现厄瓜多尔审判被欺诈受到污染。雪佛龙公司仍然致力于战斗执法欺诈厄瓜多尔判决,我们相信任何尊重法治的管辖权都会发现它是非法和不可执行的。“

雪佛龙Corp. recently presented overwhelming evidence that the Ecuadorian judgment is a product of fraud in a trial before a United States federal court as part of a civil lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO) against the trial lawyers and consultants leading the litigation against the company. That evidence further demonstrates that the judgment is illegitimate and should be unenforceable in any court that respects the rule of law. A decision in that case is expected in early 2014.

厄瓜多尔原告的证据及其代理商的欺诈包括:

  • A former Ecuadorian judge has录取his role in orchestrating the fraudulent judgment against Chevron and a half-million-dollar bribery scheme.
  • Stratus Consulting, the lead environmental consultant to the Ecuadorian plaintiffs' lawyers, provided sworn declarations (http://theamazonpost.com/http://www.theamazonpost.com/wp-content/uploads/Maest-Witness-Statement.pdf), highlighting the lack of scientific merit to the plaintiffs' damage claims.
  • Another of the plaintiffs' lawyers' environmental consultants, Dr. Charles Calmbacher, hastestifiedthat plaintiffs' evidence was being falsified from the very outset of the trial.

Litigation funder Burford Capital has providedsworn testimony概述了公司对原告律师的不当行为的了解,作证了该诉讼是不可挽回的欺诈所污染的。


发布时间:2013年12月