Mass Tort Claims in International Investment Proceedings: What Are the Lessons from the Ecuador-Chevron Dispute?
12 Pages Posted: 20 Jul 2014
Date Written: 2013
Abstract
In parallel to the Lago Agrio and Aguinda litigations in the U.S. and Ecuadorian proceedings that have been discussed already, the Chevron dispute includes an international dimension that presents equally complex and important challenges, but focuses on very different issues and involves different parties.
My remarks introduce these international proceedings first to explain the different actions taken by the parties in different forums. I then assess the viability of international dispute resolution mechanisms for mass tort claims in general, before considering more specifically whether they can provide sufficient redress to mass tort claimants. Finally, I briefly introduce alternative dispute resolution forums to assess their applicability in mass tort claims.
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