Sneak Preview: Public Policy and the Recognition of Foreign Judgments in Canada

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By: Lucien J. Dhooge

This article analyzes Canadian litigation captioned Yaiguaje v. Chevron Corporation which seeks recognition of an $18.2 billion judgment entered in Ecuador in 2011 in what has been labeled as one of the world’s largest environmental lawsuits. The article examines Chevron’s involvement in Ecuador through its predecessor in interest (Texaco) and the history of proceedings in Ecuador, Canada, and the United States and before the Permanent Court of Arbitration. The article then discusses the recognition of foreign judgments in Canada with emphasis upon the public policy defense. The article concludes that utilization of this defense presents significant issues affecting the reputation and credibility of the Canadian judiciary and its liberal approach with respect to recognition of foreign judgments.

The full article will be available soon at Lucien J. Dhoge, 39 N.C.J. Int'l L. & Comm. Reg. 115 (forthcoming fall 2013).

Posted by Stephen A. Moore on Fri. November 8, 2013 8:00 AM
Categories: Canada, Conflict of Laws

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