1. By this decision in Track 1B of this arbitration, the Tribunal addresses a further part of the Parties’ dispute concerning the legal effect of the 1995 Settlement Agreement (with the 1998 Final Release) made between the Second Claimant (“TexPet”) and the Respondent as signatories, under which both TexPet and the First Claimant (“Chevron”) were “Releasees” as decided by the Tribunal in its First Partial Award dated 17 September 2013 (the “First Partial Award”).
2. This decision should be read with the First Partial Award, together with all other orders and interim awards made earlier by the Tribunal. It is thus unnecessary to repeat much of what is already there fully recorded and already well known to the Parties in this arbitration.
3. The Tribunal makes this decision in order to take further, as best it can in current circumstances, certain matters which were deliberately not decided in the First Partial Award, as being then premature for final decision by the Tribunal in the form of an award. The Tribunal refers, in particular, to Paragraph 93 of the First Partial Award (page 38) where the Tribunal left undecided whether or not the claims originally pleaded by the Lago Agrio Plaintiffs in Ecuador rested upon individual rights, as distinct from diffuse rights (in whole or in part); and whether or not those claims were materially similar to the claims previously made by the Aguinda Plaintiffs in New York, before the United States District Court for the Southern District of New York.