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About the Texaco-Chevron case ( 2018-09-15 )

It is embarrassing for others to read the award issued by an arbitral tribunal in The Hague, in the Texaco-Chevron case, in which the degree of corruption that existed in a local trial is verified, in which the company was sentenced to pay the bicoca of 9,500 million dollars for the alleged damages caused to a group of 49 indigenous people in our Amazon.
This ruling can not be appealed and will have disastrous consequences for the country not only in the economic field, since the Ecuadorian State has been condemned to pay the expenses caused by the defense of the aforementioned oil company, which is anticipated amount to several hundred million dollars, but also for the moral damage caused to a company that sells more than 150 billion dollars a year; and amen of the moral damage suffered by the country because of a group of living people who tried to get rich at the expense of a multinational.
The arbitrators consider that this sentence was fraudulent because it was not made by the Ecuadorian judge. What a scandal!
An arbitral tribunal can not order the annulment of a judgment issued by a local judge, but if those who obtained a multimillion-dollar ruling against the oil company execute it abroad, said court ruled that if that is the case, it holds the Ecuadorian State responsible for the damages that this may cause Chevron; for what I consider that the Ecuadorian State after paying the judicial expenses and the damages and prejudices that may be necessary, should exercise the action of repetition against those who obtained that fraudulent sentence, and against all those who caused those damages. The arbitrators consider that the State violated the reciprocal investment treaty between the United States and Ecuador, which establishes fair and equitable treatment (equal to that of nationals) for foreign investors. The Ecuadorian State should not interfere in a private trial! And now it must ensure that those guilty of that judicial fraud are prosecuted and that they pay the damages and losses caused, where applicable. (O)
Miguel Macías Carmigniani, lawyer, Guayaquil

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