1. ARGENTINE COURT OF APPEALS REJECTS ATTEMPT TO ENFORCE A USD 9.5 BILLION
FRAUDULENT ECUADORIAN JUDGMENT AGAINST CHEVRON CORPORATION
In a resounding ruling dated July 3, 2018, Division “I” of the Argentine Court of Appeals for
Civil Matters rejected an attempt to enforce a USD 9.5 billion fraudulent judgment obtained in
Ecuador by a group of local claimants and their American and Ecuadorian lawyers against
Chevron Corporation. Martínez de Hoz & Rueda and Arslanian & Asociados, together with
other counsel, successfully advised Chevron Corporation in its defense to resist the enforcement
of the Ecuadorian judgment obtained through fraud, extortion and bribery, as evidenced in court
proceedings in several other jurisdictions, including the United States of America.
Claimant’s efforts to recognize and enforce the Ecuadorian judgment in Argentina began in
November 2012. Throughout the nearly six years of trial, which involved multiple complex
procedural and substantive issues, Chevron Corporation presented overwhelming evidence in
Argentina unveiling the fraudulent actions surrounding the Ecuadorian proceeding and
establishing the lack of jurisdiction of the Argentine court.
The three-judge panel of the Argentine Court of Appeals Aires unanimously dismissed the
action against Chevron Corporation for lack of jurisdiction. The panel concluded that Chevron
Corporation has no legal presence or assets in Argentina and that the Ecuadorian judgment
cannot be enforced against Chevron Argentina SRL and other indirect local subsidiaries
because they are separate legal entities with no connection to the Ecuadorian case. In so ruling,
the Court of Appeals agreed with the reasoning of the lower court judge’s decision and the
recommendation from the Argentinean prosecutor’s office. The court also relied on a previous
ruling of the Argentine Federal Supreme Court, which had found that Chevron Corporation’s
indirect subsidiary in Argentina is a separate and distinct legal entity from Chevron
Corporation.
The Argentine Court of Appeals decision has a significant international impact. It was rendered
a few weeks after the Brazilian Superior Court of Justice ended a similar attempt by the
Ecuadorian plaintiffs to enforce the fraudulent judgment in Brazil, by declaring final its
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decision of November 2017 to dismiss the enforcement action in that country. Similarly, in May
2018, the Ontario Court of Appeal affirmed a lower court’s decision to dismiss the plaintiffs’
enforcement efforts against Chevron Canada Ltd., an indirect subsidiary of Chevron
Corporation. Also in May, the Supreme Court of Gibraltar issued a judgment against plaintiffs’
lead Ecuadorian lawyer and representatives for their role in procuring and attempting to enforce
the fraudulent Ecuadorian judgment, ordering them to pay Chevron $38 million in damages.
With this decision, Argentina becomes the second jurisdiction to dismiss the claimants’
attempts to recognize and eventually enforce the fraudulent Ecuadorian judgment.
At this final stage, an extraordinary appeal before the Argentine Federal Supreme Court is the
last procedural remedy available for the plaintiffs.
A. Counsel to claimants (Aguinda Salazar María et. al):
BRUCHOU, FERNÁNDEZ MADERO & LOMBARDI: Enrique Bruchou, Carlos María
Rotman, Rodolfo A. Ramírez and Martin Beretervide (until April 15, 2016).
ARECHA, BARREIRO, FILIPPI, ARECHA ABOGADOS: Martín Arecha and Laura Filippi.
B. Counsel to respondent (Chevron Corporation):
In-House Lawyer: Andrés R. Romero-Delmastro.
Counsel of Record:
MARTÍNEZ DE HOZ & RUEDA: José A. Martínez de Hoz, Pablo Rueda, Brian D. Burstein
and Germán Landau.
ARSLANIAN & ASOCIADOS: León Carlos Arslanian, Luis Alberto Bloise and Germán
Gonzalez Campaña.
BUERES & ASOCIADOS: Alberto Bueres.
Legal Advisors:
Emilio Cárdenas.
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JONES DAY: David J. DiMeglio, Alexandria Ordway and Kendra Marvel.