Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Comparative and Foreign Law
Will What Happened In Ecuador Stay In Ecuador? How The Existing International Due Process Analysis May Be Ineffective In Keeping Fraudulent Foreign Judgments Out Of U.S. Courts, Christopher Lento
Richmond Journal of Global Law & Business
Recent evidence in the decades-old Chevron/Ecuador litigation suggests that the $18 billion judgment rendered against Chevron by an Ecuadorian court may have been a product of conspiracy and fraud on an almost unprecedented scale. However, these allegations overshadow fundamental problems in the method by which U.S. courts determine whether judgments rendered in foreign jurisdictions may be enforced against defendants in the United States.
Under the current jurisprudential regime, courts that are faced with the question of whether a foreign judgment is enforceable in the United States follow what is termed the “international due process analysis.” In this analysis, the court …