hLpb5

against the Defendants named in this claim and all those acting in concert with them would not
bind or affect the Ecuadorian courts in any way, and necessarily does not interfere with any
proceedings in any other foreign courts because, inter alia, no recognition or enforcement
proceedings are currently pending in any such courts.
430. By this claim, Chevron seeks a declaratory judgment that the Lago Agrio
judgment is unenforceable and non-recognizable, including but not limited to under the United
States Constitution, federal common law, New York common law principles of comity, and/or
New York's Recognition of Foreign Country Money Judgments Act (New York C.PL.R. 5301,
et seq. ,), on, among others, grounds of fraud, failure to afford procedures compatible with due
process, lack of impartial tribunals, lack of personal jurisdiction, contravention of public policy,
that the judgment conflicts with another final and conclusive judgment, that the proceeding in the
foreign court was contrary to an agreement between the parties under which the dispute in
question was to be settled otherwise than by proceedings in that court, and that the judgment is
an unenforceable penalty.
431. By reason of the fraudulent acts and fundamentally unfair proceedings described
in this Amended Complaint that have given rise to the Lago Agrio judgment, an actual and
justiciable controversy has arisen and now exists between Chevron and the Lago Agrio Plaintiffs
and the Front as to whether the jUdgment is unenforceable and non-recognizable in the United
States and establishing that Chevron's assets are safe from the Defendants' fraudulent actions
and racketeering activity. The actions of the RICO Defendants on behalf of the Lago Agrio
Plaintiffs whom they purport to represent have damaged and are threatening to continue
damaging Chevron. Unless the controversy between the parties is resolved, the Lago Agrio
Plaintiffs and the Front will continue to harm Chevron and will seek recognition and
enforcement ofthe fraudulent judgment that the RICO Defendants have obtained on the Lago
Agrio Plaintiffs' behalf.
432. Chevron has no adequate remedy at law. A declaratory action is necessary and
useful in resolving and disposing of the question of whether the fraudulent Lago Agrio judgment
162