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Award of the International Arbitral Tribunal would not affect trial in Canada in Chevron case
Posted On 19 Sep 2018
Ecuadornews:
The ruling of the International Arbitral Tribunal that ruled against the Ecuadorian State, for “denying justice” to the Chevron company, will not affect the trial carried out by the Defense Front of the Amazon in Canada against the international oil company. This was stated yesterday by Steven Dozinger, lawyer of the Defense Front of the Amazon, who explained that they expect in a year to obtain a favorable ruling in Canada.
The Amazonian communities are promoting this trial in Canada to collect (against the oil company’s assets) about $ 9,500 million for environmental remediation in the Ecuadorian Amazon.
After the award, the State has at the moment two options in this case, says Dozinger. The first is to ignore the award and indicate that it will not be fulfilled and the other is to seek the annulment of that award in the Public Courts of the Netherlands. For Dozinger there are possibilities for the Government to get the annulment. Is that the award, according to the lawyer, seeks that the Government reverses a sentence of Ecuadorian justice ratified at the highest levels, so it would be unenforceable.
He argued that under international law a treaty to protect investment is not above the treaties that protect life, the environment and human rights.
Dozinger ratified that there was no interference by the defense of the Amazonian communities in the elaboration of the 2011 ruling issued by the Court of Nueva Loja and that Chevron has no real proof, more than the testimony of Alberto Guerra, who has admitted that He lied in the process.
Meanwhile, Ermel Chavez, part of those affected, confirmed that the pollution caused by the company is a fact and Chevron must make the repair of the damage. He assured that the State can defend itself in this case, but asked not to impede the actions of the indigenous communities.
Chevron defends the arbitration ruling that the company orders “to annul all the consequences” of the Ecuadorian judgment; It has also indicated that the Ecuadorian State must pay compensation for the damages caused to Chevron by the Lago Agrio ruling. (I)
Source: https://www.eluniverso.com/noticias/2018/09/19/nota/6959996/laudo-no-afectaria-juicio-canada
