The Republic of Ecuador seeks discovery from the appellees, John Connor and GSI Environmental, for use in a foreign arbitration against Chevron. Chevron, an intervenor in the district court, benefitted repeatedly by arguing against Ecuador and others that the arbitration is a "foreign or international tribunal." Because Chevron's previous positions are inconsistent with its current argument, judicial estoppel is appropriate to make discovery under 28 U.S.C. §1782 available to Ecuador. The district court's order is reversed and remanded. 5th U.S. Circuit Court of Appeals, No. 12-20122, 02-13-2013.
Republic of Ecuador v. Connor
February 19, 2013