The Supreme Court of the Netherlands rejected the demand that Ecuador had raised, in January 2014, to declare null several awards ordering provisional measures (years 2012 and 2013) and an award on jurisdiction issued in the Chevron-Texaco arbitration against the country (year 2012).
The Attorney General’s Office informed that this decision of the Supreme Court of the Netherlands is of last instance, that it ratified the judgment of the Court of Appeals of The Hague in which it determined that the allegations of the Ecuadorian State were baseless.
Ecuador had alleged, in its application, of January 7, 2014, the absence of a valid arbitration clause and, therefore, the arbitral tribunal lacked jurisdiction, as well as that the arbitrators exceeded their mandate and that the awards were contrary to the public order.
The Attorney General’s Office also indicated that within this same arbitration, in August 2018, an award was issued declaring the Ecuadorian State responsible for violating the Bilateral Investment Protection Treaty between Ecuador and the United States when issuing a purportedly fraudulent sentence that condemned to Chevron-Texaco to the payment of $ 9.500 million. This reference, the agency added, has been the subject of another claim for nullity from Ecuador, which is in initial proceedings before a District Court of the Netherlands.
Meanwhile arbitration is in its last phase, which corresponds to a quantification of damages, the Attorney General said in a statement. (I)