A Sour Battle in Lago Agrio and Beyond: The Metamorphosis of Transnational Litigation and the Protection of Collective Rights in Ecuador
26 Pages Posted: 9 Dec 2015
Date Written: December 4, 2015
This article intends to explore the interplay between different dispute processing mechanisms and fora in the realm of transnational litigation, through the lens of the Chevron-Ecuador legal saga. My goal is to discuss the transformation of a transnational complex case and the challenges faced by the parties, their procedural strategies, and the perceived advantages of the different mechanisms. In this regard, I will also address the development of mechanisms for the protection of diffuse rights involving the environment; the role of the courts in supervising compliance with judicial remedies, their engagement in activities that go beyond their traditional role as simple adjudicators; and the role of privately formed entities in the administration and supervision of monetary awards in Ecuador.
Keywords: transnational litigation, collective rights, Latin America, Ecuador, class actions
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