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Archives for August 2015

Chevron’s Arbitral Award Against Ecuador Confirmed by D.C. Court of Appeals

August 18, 2015 by Merriann Panarella

The D.C. Circuit affirmed the trial court’s holding that it has jurisdiction under the Foreign Sovereign Immunities Act (FSIA) to confirm an arbitral award in Chevron’s favor and rejected Ecuador’s argument that confirmation should be denied under the New York Convention. Chevron Corporation and Texaco Petroleum Company v. The Republic of Ecuador, No. 13-7103, (D.C. Cir. August 4, 2015).

This long-standing battle between Chevron and Ecuador began in the early nineties when an agreement between the parties allowing Chevron to develop Ecuadorian oil fields in exchange for providing below-market oil to Ecuador was set to expire. Before the expiration date, Chevron filed several breach of contract suits against Ecuador. In 1995, the parties entered a settlement agreement terminating all rights and obligations between them but providing for the continuation of the pending lawsuits. [Read more…]

Filed Under: Arbitration, International Arbitration

California Upholds Arbitration Clause in Consumer Contract

August 11, 2015 by Merriann Panarella

In a long-awaited decision, the California Supreme Court held that SCOTUS’s decision in Concepcion requires enforcement of the class action waiver but does not limit the unconscionability rules applicable to other provisions of the arbitration agreement. Sanchez v. Valencia Holding Company, LLC, (August 3, 2015) __ Cal. 4th __, S1999119. Both the trial court and the Court of Appeals found the arbitration clause, which was in a standard automobile contract, unconscionable. The Court, in a thorough analysis of each of the arbitration agreement’s provisions, did not find any of the challenged terms unconscionable. [Read more…]

Filed Under: Arbitration, Uncategorized
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