Lago Agrio: International Judgment Arbitrage?

I’d like to do a little more analysis of the ongoing hearing in Canada on the Lago Agrio judgment, since in the absence of a transcript of yesterday’s hearing on Chevron’s motion for summary judgment I don’t have any hard news to report.

As I suggested yesterday, I think that the LAPs’ view is that even if Chevron succeeds in showing that the Canadian subsidiary is entitled to summary judgment (because it is not answerable for the debts of the parent), they should still be entitled to recognition of the Ecuadoran judgment. And I have reason to think that if they obtain recognition, their next move would be to seek to enforce the judgment in other jurisdictions. Let’s take this idea out for a spin.

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