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Case Western Reserve University School of Law

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Forum Non Conveniens And Enforcement Of Foreign Judgments, Christopher A. Whytock, Cassandra Burke Robertson Jan 2011

Forum Non Conveniens And Enforcement Of Foreign Judgments, Christopher A. Whytock, Cassandra Burke Robertson

Faculty Publications

When citizens of Ecuador sued Texaco, Inc. in a U.S. court seeking damages for oil contamination in the Amazon, Texaco successfully moved to dismiss the suit in favor of Ecuador based on the forum non conveniens doctrine, arguing – as that doctrine requires – that Ecuador was an adequate alternative forum and more appropriate than the United States for hearing the suit. The plaintiffs then refiled the suit in Ecuador, and a court there entered a multi-billion dollar judgment against Chevron Corporation, which had merged with Texaco. Chevron now argues that the Ecuadorian legal system suffers from deficiencies that should …