Posted On 20 Jul 2017
A new defeat for the Ecuadorian state in the Chevron case. The Court of Appeal of The Hague rejected Ecuador’s appeal to the first-instance judgment that had denied the request for annulment of the partial and interim awards of jurisdiction.
Employing these awards, the Court considered that it had the competence to hear the case despite the fact there was no investment at the moment the BIT (Bilateral Investment Treaty) was in force and other treaties in which Ecuador was ordered to take actions so that the judgment of the environmental lawsuit perpetuation.
The defense of Ecuador disagrees with the findings of the Court of Appeals, as it allows the perpetration of the errors of the Arbitral Tribunal on jurisdiction and provisional measures. The Ombudsman’s Office reported that it analyzes the decision issued to determine the relevance of filing an appeal before the Supreme Court of the Netherlands. (I)