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Submitted by: MCSquared PR Inc.
Posted: Feb 04, 2014 – 06:19 PM EST
QUITO, Ecuador, Feb. 04 /CSRwire/ - Last Friday, January 31st, the U.S. Court of Appeals for the Ninth Circuit (federal appellate court) affirmed that the Ecuadorian State could use, within the international arbitration proceedings known as Chevron III, documents that are held by experts Michael Kelsh and Douglas Mackay, who acted as environmental experts for Chevron in the litigation known as “Lago Agrio case” and within the international arbitration proceedings filed against Ecuador in 2009 by the transnational company.
Said Court of Appeals affirmed the decisions made by previous courts ordering Kelsh and Mackay to deliver hundreds of thousands of pages to Ecuador’s defense team, containing information regarding their involvement as experts in favor of the oil company in the case brought by Ecuadorian Amazon communities for environmental contamination. These documents, in addition to others that were previously obtained by Ecuador’s defense team, demonstrate that the methodology used and conclusions reached by Chevron’s experts in the analysis of contamination caused by the company during its operation in our country, are inaccurate and reveal a strategy to hide the contamination caused during Texaco’s operation in our country.
In this regard, the State Attorney General, Diego García Carrión, stated, “this is a new victory for Ecuador’s defense in the dispute against Chevron, that has lost each of the appeals it has used to seek to avoid Ecuador’s access to the documents of its environmental experts.”
For the State’s attorney, “the evidence held by these experts, along with the evidence obtained previously from experts Bjorkman and Hinchee, will be used in favor of Ecuador’s defense within the arbitration proceedings brought by the oil transnational against our country for alleged denial of justice and a breach of the U.S. – Ecuador BIT.”
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