The Chevron saga is a paramount example of parallel proceedings. It
includes several judicial proceedings in Ecuador and the U.S., different
settlements, decisions at all levels of the Ecuadorian judicial system, and
enforcement proceedings before the courts of several countries. In 2009,
Chevron Corporation and Texaco Petroleum initiated arbitration proceedings
against the Republic of Ecuador claiming that Ecuador had breached Article II
of the Treaty between the United States of America and Ecuador concerning the
Encouragement and Reciprocal Protection of Investment (the BIT) by failing to
provide them fair and equitable treatment. Further, they also claimed that
Ecuador committed a denial of justice. In its recent decision, the arbitral
tribunal analysed the denial of justice standard under the fair and equitable
treatment provision of the treaty and customary international law and concluded
that Ecuador had in fact committed a denial of justice. The purpose of this
case-note is to analyse the Tribunal’s findings on the denial of justice
standard.