CARACAS, Tuesday March 18, 2008 | Update
“This is the beginning of the end of Exxon Mobil’s campaign of harassment against Pdvsa and Venezuela,” said Samuel Moncada, Venezuelan Ambassador in London (Photo: Andy Rain/ EFE)
EL UNIVERSAL
Venezuela Tuesday obtained a significant victory in its legal
dispute against US oil major Exxon Mobil, as the England and
Wales High Court decided to overturn an order freezing USD
12 billion in state-run oil firm Pdvsa's assets outside of
Venezuela.
"I have decided that the court order" to freeze Pdvsa assets
worldwide -which was issued last February 24 at the request
of Exxon Mobil- "must be revoked," Paul Walker, the judge
hearing the case, said in court.
The annulment is effective immediately, the judge said at
the end of the hearing on the case, which started last February
28 in London-based England and Wales High Court.
"This is the beginning of the end of Exxon Mobil's campaign
of harassment against Pdvsa and Venezuela," Samuel Moncada,
Venezuelan Ambassador in London, told AFP, adding he was "very
pleased" at the ruling.
Venezuela's victory is even more overwhelming as Exxon Mobil,
the world's largest oil company, is not challenging the decision,
said one of Pdvsa's lawyers, Gordon Pollock.
"The England and Wales Court has refused to be used as an
Exxon Mobil's tool against Venezuela," said the Venezuelan
Ambassador.
The London-based court last January 24 issued an order to
freeze up to USD 12 billion in Pdvsa assets "to secure" payment
of compensation to Exxon Mobil, after President Hugo Chávez's
government moved to nationalize the US firm's assets in heavy-crude
oil Orinoco belt.
"The judge's ruling is good news not only for Venezuela,
but also for small countries with natural resources, as the
court said Venezuela was right, thus acknowledging the country's
sovereignty over its resources," Moncada added.
"Additionally, the British court decision to reject the misuse
of the legal means to settle trade issues should be a lesson
for everybody," the Venezuelan diplomat stressed. He praised
the fact that the ruling meant "a defeat for Exxon Mobil's
maneuvers of judicial terrorism."
Meanwhile, Pdvsa's lawyers, who argued during the hearings
that the United Kingdom lacked jurisdiction to issue a freezing
injunction against a foreign corporation when it is not related
to any of the parties concerned, showed satisfaction at the
decision.
"The judge's ruling in this case may set a legal precedent,"
said Pollock, who during the hearings also claimed that the
dispute between Pdvsa and Exxon Mobil was under arbitration
in a New York court. Consequently, he suggested, the England
and Wales court would exceed its capacities, if it upheld
the freezing injunction.
"No comments," said Exxon Mobil's lawyer Catharine Otton-Goulder,
who argued that the injunction freezing Pdvsa's assets was
necessary to secure financial compensation following nationalization
of Exxon Mobil's oil projects in Orinoco belt.
The precautionary freezing injunction had became effective
only in a New York bank, where a USD 315 million account held
by a Pdvsa's affiliate was frozen, at the request of
Exxon Mobil.
Translated by Maryflor Suárez R.
msuarez@eluniversal.com