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Article

Decision on Track 1B (Chevron & Texaco v. Ecuador) PCA Case No. 2009-23

...By this decision in Track 1B of this arbitration, the Tribunal addresses a further part of the Parties’ dispute concerning the legal effect of the 1995 Settlement Agreement...made between the Second Claimant (“TexPet”) and the Respondent as signatories....[A]s regards the said Issue (ii) in Track 1B of this arbitration, the Tribunal decides (but does not award) that: (1) The Lago Agrio Complaint of...2003...included individual claims resting upon individual rights under Ecuadorian law, not falling within the scope of the 1995 Settlement Agreement (as invoked by the Claimants); (2) The Lago Agrio Complaint was not wholly barred at its inception by res judicata, under Ecuadorian law, by virtue of the 1995 Settlement Agreement (as invoked by the Claimants); and (3) The Lago Agrio Complaint included individual claims materially similar, in substance, to the individual claims made by the Aguinda Plaintiffs in New York...

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Texaco/Chevron lawsuits (re Ecuador)

Hague tribunal rules for Ecuador in investment arbitration with Chevron; govt.’s settlement with firm did not preclude oil pollution case by Ecuadorian plaintiffs