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法庭在国际法和美国双边投资条约下违反其义务,发现厄瓜多尔

加利福尼亚州圣拉蒙。,2013年2月8日 - 颁发的国际仲裁庭yesterday 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 $19 billion judgment against Chevron Corp. (NYSE: CVX) Inprior rulings法庭将共和国提出通知,如果雪佛龙的仲裁最终是普遍存在的,“执行(判决)的执行可能是(共和国)在国际法下负责(共和国)的任何损失。”

在美国厄瓜多尔双边投资条约(该比特)的权威下召开,并由海牙常设仲裁法院管理,法庭在违反法庭的先前裁决时发现了厄瓜多尔。它命令共和国解释为什么不应该订购,以弥补特遣手队以弥补原告的危害所产生的所有危害,这些危害因在厄瓜多尔礁罗基·阿格里奥的公司对公司对公司进行环境审判产生的判决。

Almost one year ago, the tribunal issued aSecond Interim Awardordering the Republic of Ecuador—and all of its branches, including the judiciary—to take all necessary actions to prevent enforcement and recognition of the Lago Agrio judgment, both inside and outside of Ecuador. That award expanded upon a前奖项requiring Ecuador to "take all measures at its disposal to suspend or cause to be suspended the enforcement or recognition within and without Ecuador of any judgment."

"The tribunal's decision confirms that the enforcement actions being pursued against Chevron in Argentina, Brazil, and Canada fly in the face of international law," said Hewitt Pate, Chevron vice president and general counsel. "Yet Ecuador has consistently aligned itself with American trial lawyers who have used corrupt courts to advance an unprecedented fraud. It is not too late for the republic to reverse course, declare the Lago Agrio judgment illegitimate, and address the real challenges facing its citizens."

Despite the tribunal's awards, the Republic of Ecuador has facilitated the plaintiffs' pursuit of enforcement in Argentina, Brazil, and Canada. These actions are the result of Ecuador's failure to meet its international law and treaty obligations.

雪佛龙'sarbitration claimstems from the government of Ecuador's interference in the ongoing environmental lawsuit against the company in Ecuador and its courts' failure to administer justice in a trial that has been marred by舞弊. Additionally, Chevron maintains that the government of Ecuador has failed to uphold prior settlement and release agreements that the government of Ecuador entered into with Texaco Petroleum Company (now a Chevron subsidiary) when the consortium between Texaco Petroleum and Petroecuador was terminated.

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 fulfill its obligations under international law imposed by the treaty, the UNCITRAL (United Nations Commission on International Trade Law) 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奖ed雪佛龙和德克萨克石油9600万美元,加上厄瓜多尔共和国索赔与过去的石油业务有关。法庭发现,厄瓜多尔的法院通过裁决德克罗大石油和厄瓜多尔政府之间的某些商业纠纷统治的十年和国际法违反了这一体系和国际法。荷兰的法院维持了奖项,厄瓜多尔提出了第二次上诉。

雪佛龙is one of the world's leading integrated energy companies, with subsidiaries that conduct business worldwide. The company is involved in virtually every facet of the energy industry. Chevron explores for, produces and transports crude oil and natural gas; refines, markets and distributes transportation fuels and lubricants; manufactures and sells petrochemical products; generates power and produces geothermal energy; provides energy efficiency solutions; and develops the energy resources of the future, including biofuels. Chevron is based in San Ramon, Calif. More information about Chevron is available at m.hnqygl.com.


发布时间:2013年2月