BIT, Denunciation, Ecuador, ISDS, Termination

(Pérez Bustamante & Ponce and Universidad San Francisco de Quito) and (Pérez Bustamante & Ponce)/ /Leave a comment

As in García-Marquez’s novel, the denunciation of the Ecuadorian bilateral investment treaties (“BITs”) represents a chronicle of a death foretold and the Ecuadorian National Assembly and Ecuador’s President have taken one of the final steps to terminate them. Along the way, the internal termination proceedings have been highly politicized, international investment arbitration has been demonized,…

Courts, Ecuador, Final Award, judicial remedies

(Pérez Bustamante & Ponce)/ /Leave a comment

Could protectionism turn into interventionism? There is a fine borderline between helpful assistance of the courts and abuse of the available judicial remedies within arbitration. If crossed, the entire purpose of opting for such an institution is undermined and its essentialness is jeopardised. The title of this post refers to an uncommon practice that has…