On 20 January 2016, the District Court of The Hague ruled in favour of Chevron Corporation and Texaco Petroleum Company, rejecting an attempt by the Republic of Ecuador to set aside several arbitral awards rendered against Ecuador.
The arbitral awards are rendered in favour of Chevron in an ongoing international arbitration, in which Chevron filed claims against the government of Ecuador on the basis of the US-Ecuador Bilateral Investment Treaty (BIT), asserting denial of justice and other violations of Ecuador under the BIT, investment agreements and international law, relating to a USD 9.5 billion (fraudulent) court judgment against Chevron in Ecuador.
The Republic of Ecuador argued before the District Court of The Hague that the tribunal lacked jurisdiction to hear Chevron's claims, that its awards violated public policy and lacked sufficient reasoning and that the tribunal violated its mandate, as a result of which the awards should be set aside. The court found that "none of the grounds for setting aside the arbitral awards put forward by Ecuador hit their mark" and denied all Ecuador's claims. Amongst other considerations, the court affirmed the tribunal's assessment of its own jurisdiction under the wording of the BIT and observed that, in light of the serious indications of fraud tainting the Ecuadorian judgment against Chevron, the tribunal had a valid policy basis to issue interim relief in Chevron's favour.
NautaDutilh represented Chevron Corporation and Texaco Petroleum Company in the setting aside proceedings. The team was led by Gerard Meijer, who was assisted by Mirjam van de Hel-Koedoot, Bo Ra Hoebeke, Noura ten Kate, Richard Hansen and Lotte van der Leij.
Please find more information in the ruling and Chevron's press release.