埃克森美孚在最高法院重启古巴资产扣押案中大获全胜
Exxon Wins Big As Supreme Court Revives Cuba Seizure Case

原始链接: https://www.zerohedge.com/markets/supreme-court-revives-exxons-cuba-property-fight

最高法院以6比3的投票结果裁定,埃克森美孚公司可以继续起诉古巴国有石油公司,要求其就菲德尔·卡斯特罗1960年国有化运动中没收的资产进行赔偿。 此案的关键在于1996年的一项法律。该法律允许美国公民就古巴没收的财产提起诉讼,从而挑战了通常在美国法院保护外国政府的“主权豁免”原则。埃克森美孚(前身为标准石油公司)要求为其炼油厂和100多个加油站寻求赔偿;若算上利息和损害赔偿,索赔金额可能高达数亿美元。 这一裁决符合特朗普政府对古巴政府施加更多法律和政治压力的整体策略。此前,下级法院对于1996年的法规是否凌驾于外国主权豁免权之上存在分歧,而最高法院的裁决为该诉讼在美国法院的进一步推进扫清了障碍。

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原文

The Supreme Court ruled Tuesday that Exxon Mobil can move forward with its lawsuit against Cuban state-owned oil companies over assets seized after Fidel Castro came to power, reopening a dispute tied to Cuba’s 1960 nationalizations, according to CNN.

The 6-3 decision comes as President Donald Trump has taken a more aggressive stance toward Havana.

Justice Brett Kavanaugh wrote for the majority, with the Court’s liberal justices dissenting.

CNN writes that the ruling is part of a broader wave of legal and political pressure on Cuba. In May, the Trump administration indicted former Cuban leader Raúl Castro over his alleged role in the 1996 shootdown of two civilian aircraft that killed four people, including three Americans. Trump has also floated military action, saying in March he might have the “honor of taking Cuba.”

Exxon’s case centers on property seized in 1960 and a 1996 law that allows US nationals to sue over confiscated Cuban assets in American courts. Before the revolution, Standard Oil—later Exxon Mobil—operated a refinery, product terminals and 117 service stations in Cuba, all of which were nationalized by Castro’s government.

A US commission in 1969 valued Standard Oil’s losses at nearly $72 million. With interest and Exxon’s request for treble damages, the total exposure could reach into the hundreds of millions.

The legal fight turned on whether the 1996 Cuba law overrides another federal statute that generally shields foreign governments from lawsuits in US courts. Exxon argued Congress created a clear exception for claims involving seized Cuban property, while the Cuban companies said sovereign immunity should still apply.

The Trump administration backed Exxon, telling the Court that “The United States has compelling foreign-policy interests in ensuring that US nationals whose assets were illegally expropriated by Fidel Castro’s communist regime receive recompense and in preventing the Cuban government from further benefiting from its wrongdoing.”

Lower courts were divided, and the DC Circuit had previously ruled against Exxon. The Supreme Court’s decision now clears the way for the lawsuit to proceed.

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