SUBMISSION OF AMICI

The Amici (Fundación Pachamama and IISD) argue that the tribunal should dismiss Chevron's arbitration claims because they seek to interfere in a domestic civil case in Ecuador to which the State is not a party. They contend that the tribunal cannot act as a supervisory or appellate court over ongoing domestic proceedings, especially since Chevron previously agreed to the jurisdiction of Ecuadorian courts to avoid U.S. litigation. Furthermore, they argue that granting the requested relief would violate the international human rights of the indigenous plaintiffs in the Lago Agrio case by denying them access to justice and a fair judicial process.

• The Amici argue that Chevron is attempting to use the arbitration tribunal to force the Government of Ecuador to interfere in and terminate a domestic civil law case in which the Government is not a party.
• The requested orders from Chevron would effectively transform the investor-State arbitration panel into an appellate or supervisory court over domestic civil proceedings involving private parties.
• The Amici contend that the tribunal lacks jurisdiction under the U.S.-Ecuador BIT because the principle of finality requires that local remedies be exhausted through the full judicial process, including appeals, before a state is held internationally liable for a denial of justice.
• The submission highlights that the plaintiffs in the Lago Agrio litigation include indigenous peoples who have historically faced significant barriers to accessing judicial remedies, including language difficulties, poverty, and discrimination.
• The Amici argue that if the tribunal accepts jurisdiction, it would infringe upon the internationally recognized rights of indigenous peoples to have their claims resolved through an impartial judicial process free from government interference.
• The claims are argued to be non-justiciable because they are not yet 'ripe'; the injuries claimed by Chevron are speculative as no final judgment has been rendered in the domestic Ecuadorian courts.
• The Amici suggest that Chevron's legal strategy resembles a 'SLAPP' (Strategic Lawsuit Against Public Participation) suit, intended to intimidate the Ecuadorian government into interfering with the civil proceedings.

APA

Simons, M., Kaufman, J., Mann, H., & Johnson, L. (2010). SUBMISSION OF AMICI. International Institute for Sustainable Development. https://www.iisd.org/system/files/publications/submission_amici_pachamama_chevron.pdf

Chicago

Simons, Marco, Jonathan Kaufman, Howard Mann, and Lise Johnson. SUBMISSION OF AMICI. International Institute for Sustainable Development, 2010. https://www.iisd.org/system/files/publications/submission_amici_pachamama_chevron.pdf.

Wikipedia

{{cite report |last1=Simons |first1=Marco |last2=Kaufman |first2=Jonathan |last3=Mann |first3=Howard |last4=Johnson |first4=Lise |title=SUBMISSION OF AMICI |publisher=International Institute for Sustainable Development |date=5 November 2010 |url=https://www.iisd.org/system/files/publications/submission_amici_pachamama_chevron.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{simons2010submission, author = {Simons, Marco and Kaufman, Jonathan and Mann, Howard and Johnson, Lise}, title = {{SUBMISSION OF AMICI}}, institution = {International Institute for Sustainable Development}, year = {2010}, month = nov, url = {https://www.iisd.org/system/files/publications/submission_amici_pachamama_chevron.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }