Government of Ecuador prepares its defense for award in the Chevron case

Ecuadornews:

The Attorney General indicated two ways: request the interpretation of the sentence or request nullity. Assemblymen ask that the issue not be politicized.

Ecuador waits for the amount of economic compensation by the Court of The Hague following the ruling in favor of the Chevron company and against the country. The Attorney General and the Amazonian will go to international instances to reverse the sentence.

In the ruling of September 7, the International Arbitral Tribunal established three points against the country in the Chevron III case: it declared that the State violated the Bilateral Investment Treaty (BIT); denied justice and did not provide fair and equitable treatment.

So far, a group of attorneys from the Attorney General’s Office, headed by its owner, Íñigo Salvador, is already working on the legal departures that the country has: it will analyze if they apply the interpretation of certain passages of the arbitration award; and the nullity of the partial failure.

To apply for these two options, the State has a term of 90 days. The Interpretation must be resolved in 45 days and the nullity can delay -their procedure- from two to four years. For this last appeal, the Attorney General will go to the civil courts of the Netherlands, seat of the Court of The Hague, to request the nullity of the award, which, according to Salvador, “should be about the lack of jurisdiction of the court to have handed down the judgment “

Despite filing the nullity action, international arbitration will continue with the last phase: the quantification to be compensated. For this, Ecuador and Chevron have less than 90 days to present their livelihoods on the amount to which the ruling must go.

The quantification can last up to two years. In the event that the Court accepts the nullity, the country would no longer have to pay the oil company. The legislators of the Supervisory Commission, above all of PAIS Alliance and Citizen Revolution, asked that the issue not be politicized. The Amazonians, on the other hand, expect the State to back them before the oil company.

Term

25 years of struggle

The State’s attorney said that with the ruling, the Amazonian, affected by the oil company, should begin – after 25 years of struggle – with an accusation for environmental damage. The complainants ask for the support of the State. 90 days has the State to apply the two options: the interpretation and the nullity of the sentence.

Actions against the State

The Amazonians indicated that if the State interferes in the international defense they will denounce it. (I)

Source: https://www.eltelegrafo.com.ec/noticias/politica/3/ecuador-chevron-anulacion-fallo