Source: PR Newswire
QUITO, Ecuador, Jan. 18, 2012 /PRNewswire-USNewswire/ — In a stark departure from its normal litigation practices, Chevron has refused to request that the Ecuador appellate court that recently affirmed the $18 billion judgment against the oil major reconsider or clarify its decision.
Chevron last week let a deadline pass that allowed either party to contest or clarify the decision, which was issued on January 3. The appellate court on Friday reaffirmed its original decision in response to ten separate clarification requests submitted by lawyers for the rainforest communities. A translated copy of the clarification ruling is here. A translated copy of the original ruling is here.
Normally in Ecuador, the losing party in an appeal seeks clarification of an appellate court decision unless it decides it is withdrawing from the litigation or simply accepting the result. Asking for clarification in Ecuador is roughly similar to filing a motion for reconsideration in the United States.
It is unclear why Chevron did not contest or seek clarification of the appellate court decision, but its failure to do so could be seen as a disadvantage as the case moves forward both in Ecuador and potentially in other jurisdictions where the rainforest communities might seek enforcement, said Pablo Fajardo, the lawyer for the Ecuadorian communities who brought the lawsuit.
Chevron, which requested that the trial take place in Ecuador, stripped its assets from the country and has announced it will not pay the judgment.
Cartoon by Bob Moran
