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Ecuador Appeals Chevron's $96M Win To High Court

Law 360 - Hannah Sheehan 07/03/2016

Law360, New York (March 4, 2016, 8:37 PM ET) -- Ecuador has asked the U.S. Supreme Court to review a D.C. Circuit ruling favoring Chevron Corp. in the company’s bid to confirm a $96 million arbitration award ordered against the country in a dispute involving the development of Ecuador’s oil fields.

The country filed a petition for a writ of certiorari on Feb. 25, requesting that the high court consider whether the appeals court erred in finding that it had jurisdiction to confirm the award under the arbitration exception of the Foreign Sovereign Immunities Act.

Ecuador said that the circuit court incorrectly held that federal courts must rely on foreign arbitrators to determine whether there is an agreement to arbitrate a dispute and that a foreign state bears the burden of disproving jurisdiction, court documents show.

"It's a critically important case at the intersection of foreign sovereign immunity and international arbitration," an attorney for Ecuador, Steffen N. Johnson of Winston & Strawn LLP, said in an email to Law360 on Friday. "Given that the case implicates important treaty rights, that the United States is a party to many such treaties and in light of what's happening worldwide with bilateral arbitration treaties, we're hopeful that the court will recognize the need for review."

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