International Litigation & ADR Update

To read the full text of the articles in the March 2011 edition of the International Litigation & ADR Update, please download the attached pdf.

Facilitating Payments—Are They Worth the Risk?

by Shawn M. Wright Multinational corporations face three types of risk on compliance-related matters: 1) the risks that they know, 2) the risks that they know they don't know, and 3) the risks that they don't know they don't know. Payments made pursuant to the facilitating payments exception of the Foreign Corrupt Practices Act ("FCPA") fall into all three categories of risk. ( View PDF for full story)

Assertion of Privilege in Section 1782 Proceedings to Collect Evidence in the U.S. for Use Before a Foreign Tribunal: Lessons from Chevron

by W. Cameron Beard In February, an Ecuadorean court ordered Chevron Corp. to pay Ecuadorean plaintiffs some $8.6 billion in compensation relating to alleged environmental damage in the Amazon rain forest. Undoubtedly, the final chapter of the battle between Chevron and its opponents has yet to be written—both sides have stated their plans to appeal the judgment. And, Chevron is also seeking to prevent any enforcement of the Ecuadorian judgment (as discussed in a separate note herein), as it simultaneously prosecutes an international arbitration challenging the legitimacy of the Ecuadorian court action. ( View PDF for full story)

Note from the Editors

by W. Cameron Beard and Jeremy J.O. Harwood This edition of the International Litigation & ADR Update includes an overview of the U.K. Bribery Act, which the new U.K. Government has stated will be passed although its enactment into law has been delayed. International practitioners are familiar with the American equivalent—the Foreign Corrupt Practices Act ("FCPA"). The U.K. Act is not a mirror image of the FCPA and promises to expand liability substantially, especially in respect of facilitating payments, which the U.K. Act prohibits completely but the FCPA allows in limited circumstances. ( View PDF for full story)

Anti-Foreign Suit Injunctions and the Chevron Case

by Jeremy J.O. Harwood The Editors request the reader's indulgence in commenting on two separate, but important, issues arising from the Chevron case. The very size of the judgment handed down by the Provincial Court of Justice of Sucumbíos on February 14, 2011 would merit speculation on what enforcement steps the plaintiffs might take to collect on their $8 billion judgment. It is a fact, however, that the...