The case against Chevron Corporation in Ecuador has already remade the U.S. law of discovery in aid of foreign suits. As the tribespeople who won a multibillion-dollar verdict open ever more enforcement fronts, the world’s most intensely litigated case promises also to revamp the law on collecting foreign judgments.
Following their first enforcement efforts in Canada and Brazil, the plaintiffs moved in August against residual assets in their home country of Ecuador. In November they obtained an initial order freezing Chevron’s assets in Argentina. (Two days later Chevron’s Argentine subsidiaries appealed the decision on the basis of jurisdiction, fraud, and misapplication of law.) At press time the plaintiffs were planning a similar move in Colombia. So far, they say, they’ve targeted assets worth more than half of the $19 billion judgment in Ecuador. More actions are being weighed in Europe, Asia, and Australasia.
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