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Third time lucky? The Hague Court dismisses Ecuador's defence against tribunal's non-pecuniary order

Introduction In the ongoing dispute between Ecuador and US energy multinational Chevron Corporation, The Hague District Court was again called upon to consider whether an award issued pursuant to the US-Ecuador bilateral investment treaty could be set aside. In 2006 and 2013 Ecuador had also attempted to set aside US-Ecuador investment treaty awards. Both proceedings were conducted up to the Supreme Court and resulted in the awards being upheld.(1) At first glance, the award rendered is quite r...
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How to catch evidence in Dutch civil procedures without fishing expeditions

Introduction In the Netherlands the general discovery trial is an unknown phenomenon. However, certain documents may be obtained pursuant to Article 843a of the Dutch Code of Civil Procedure (DCCP). This article outlines how this procedure works.(1) Pursuant to Article 843a of the DCCP, a party with a legitimate interest may request from another party a copy, extract or inspection of certain documents regarding a legal relationship to which it or its predecessor is a party. A party may submit t...
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