hide message

Hello! Welcome to the Resource Centre.

We hope you find our free tools and resources useful. Did you know we also work directly with community advocates, providing them with the skills and resources to document corporate human rights abuses and effectively communicate with business?

This is only possible through generous donations from people like you.

Please consider supporting our work.

Thank you,
Phil Bloomer, Executive Director

Donate now hide message

Permanent Court of Arbitration rules in favour of Chevron in Ecuador oil pollution case

Containated area_Ecuador_photocredit_cancilleríaecuador_flickr

Get RSS feed of these results

All components of this story

Article
7 September 2018

International Tribunal Rules for Chevron in Ecuador Case

Author: Chevron

An international tribunal administered by the Permanent Court of Arbitration in The Hague has issued an award in favor of Chevron...“An esteemed international tribunal...has unanimously confirmed that, following completion of an agreed environmental remediation program, Chevron was released by the Republic of Ecuador from the environmental claims that the fraudulent Ecuadorian judgment purports to address,” said R. Hewitt Pate, Chevron vice president and general counsel...“The tribunal found extensive evidence of fraud and corruption by members of the Ecuadorian judiciary acting in collusion with American and Ecuadorian lawyers.  This award is consistent with rulings by courts in the United States, Argentina, Brazil, Canada and Gibraltar confirming that the Ecuadorian judgment is unenforceable in any country that respects the rule of law,” said Pate...Pate concluded:  “Ecuador’s executive and judicial branch officials are now different from those involved in the events at issue in this award.  Chevron takes no pleasure in any dispute with a sovereign nation.  The company invites the government of Ecuador to repudiate the fraudulent scheme and make constructive efforts to meet its own long unfulfilled environmental obligations.”...

Read the full post here

Article
7 September 2018

Ecuador Indigenous Leaders Criticize Secret Trade Arbitrators For Interference With $12b Chevron Pollution Judgment

Author: Amazon Defense Coalition via CSR Wire

Indigenous leaders and rainforest communities in Ecuador’s Amazon...criticized a secret panel of three private trade arbitrators for trying to interfere with the enforcement of their $12 billion pollution judgment against Chevron in Canadian courts under the supposed “authority” of the U.S.-Ecuador Bilateral Investment Treaty.  “This decision...who claim the right to ‘judge’ Indigenous peoples and impoverished farmers secretly...is outrageous,” said Carmen Cartuche, an Ecuadorian community leader and the President of organization that brought the lawsuit against Chevron on behalf of 30,000 affected peoples.  “Their effort is little more than an attempt by the global corporate establishment to use unfair trade agreements to try to block legitimate social movements...”...

Donziger’s full statement...:

The findings of the private arbitrators who met in secret and did not accept the Ecuadorian Indigenous peoples as a party are deeply flawed...The arbitral decision will not stop the Canadian enforcement proceeding against Chevron, which already has been validated by the Canada Supreme Court and will continue to conclusion.  The latest arbitral decision also represents a radical and dangerous new assertion of corporate power over human rights via the increasing use of secret private trade courts that favor corporations over the average citizen...

Aaron Page, U.S. legal counsel to the Ecuadorian communities, issued the following statement:

In the recently released arbitral decision, a trio of British and American corporate lawyers and elite academics, repeat players in an Investor-State Dispute System (ISDS) explicitly designed to protect the interests of multinational corporations, purport to overrule lengthy and detailed decisions of Ecuador’s Supreme Court and Constitutional Court on issues of Ecuadorian law...It embraces the most tortured arguments in favor of corporate immunity, while ignoring the humanitarian crisis linked to Chevron’s contamination that has devastated Ecuadorian indigenous and rural peoples for over 50 years...

Read the full post here

Article
7 September 2018

International tribunal rules in favor of Chevron in Ecuador case

Author: Karan Nagarkatti, Gary McWilliams, Reuters

...The tribunal unanimously held that a $9.5 billion pollution judgment by Ecuador’s Supreme Court against Chevron “was procured through fraud, bribery and corruption and was based on claims that had been already settled and released by the Republic of Ecuador years earlier.”...Ecuador plans to appeal the tribunal’s ruling, challenging the decision in part on its findings of judicial fraud in the case, Inigo Salvador, Ecuador’s attorney general, said...The tribunal, administered by the Permanent Court of Arbitration in The Hague, will next conduct a trial to determine the damages suffered by Chevron...Chevron estimated its damages and legal costs would run “hundreds of millions of dollars,” said spokesman Sean Comey...

Read the full post here

Article
7 September 2018

The Permanent Court of Arbitration in The Hague Rules Against Ecuador, Favors Chevron

Author: TeleSur

The Permanent Court of Arbitration in The Hague has ruled in favor of oil giant Chevron and declared Ecuador guilty of violating a bilateral investment treaty signed with the United States in 1997, of withholding justice from the company, and for not providing Chevron with “just and equitable” treatment...  The court also ruled that Ecuador will have to pay economic compensation to the corporation that dumped 16 billion gallons of toxic wastewater into waterways and open pits in the Ecuadorean Amazon between 1964 and 1992, affecting over 30,000 Indigenous people and Campesinos in the area...Chevron requested that Ecuador assume the US$9.5 billion that the provincial court of Sucumbios in Ecuador sentenced Chevron to pay to the affected communities...Ecuador’s Constitutional Court ratified the ruling against Chevron, but compensation to the affected communities seems unlikely.  The amount Ecuador will need to pay Chevron will be settled within the next 90 days...The government of President Lenin Moreno announced...that the state will sue former President Rafael Correa and his government officials if Ecuador lost the international arbitration process.  The current government is accusing Correa of failing to defend the country’s interests correctly and spending money on the international campaign “The Dirty Hand of Chevron,” which according to the government sought to “manipulate national and international public opinion.”...

Read the full post here

Article
7 September 2018

Trade Tribunal Validates Corporate Abuse of Amazonians by Ruling in Chevron's Favor

Author: Amazon Watch

...[A] three-member investor-state arbitration panel found in favor of oil giant Chevron, ruling that the Republic of Ecuador violated a trade agreement with the U.S. when the country's courts found Chevron guilty for deliberately dumping 16 billion gallons of toxic waste in the Amazon rainforest from 1964 to 1990.  The panel ruled that Ecuador violated the treaty by allowing its court system to issue a $9.5 billion judgment against the company...After an exhaustive eight-year process which reviewed tens of thousands of soil and water samples, health studies, witness testimony...the Ecuadorian courts ruled against Chevron...Rather than abide by its agreement, the oil giant filed a RICO suit in the U.S., alleging fraud in the Ecuadorian trial...

Amazon Watch Associate Director Paul Paz y Miño made the following statement in response to the ruling: "It is absurd that an international trade tribunal can circumvent a sovereign democratic nation's independent judiciary. Ecuadorian courts were essentially found guilty of considering the evidence against Chevron and holding the company to account"...

Read the full post here

Article
7 September 2018

Tribunal Condemns Ecuador’s $9.5 Billion Ruling Against Chevron

Author: Sara Randazzo, Wall Street Journal

An international tribunal found the Republic of Ecuador violated a treaty with the U.S. by allowing its court system to issue a $9.5 billion judgment against Chevron Corp. in an environmental case.  The Friday ruling by the international arbitration court in The Hague further bolsters Chevron’s campaign to invalidate the massive 2011 Ecuadorean judgment, which sought to hold the energy giant responsible for environmental damage in an Amazonian village.  The tribunal...concluded...that the Ecuadorean case was tainted by fraud and corruption and that the $9.5 billion judgment can’t be enforced...Ecuador Attorney General Inigo Salvador Crespo said an international arbitration against the country should not have been used to interfere with the dispute between Chevron and the indigenous plaintiffs...The tribunal noted in its analysis that it couldn’t prevent individual plaintiffs from continuing to pursue their claims...[T]he tribunal found that by allowing the judgment to stand, Ecuador “wrongfully committed a denial of justice” under international law.  The panel said the ruling wasn’t an indictment on the entirety of the Ecuadorean legal system, but focused on the corruption of a single judge...

Read the full post here

Article
30 August 2018

Chevron Corporation and Texaco Petroleum Corporation v. The Republic of Ecuador

Author: Arbitration Tribunal (The Hague)

Read the full post here

Download the full document here