Ecuador, Enforcement, Latin America, New York Convention, Recognition and enforcement of arbitral award

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

Through Ruling No. 3232-19-EP/24, Ecuador’s Constitutional Court (“Court”) settled a long-standing discussion and confirmed that recognition prior to the enforcement of foreign arbitral awards is an unreasonable requirement in light of the Ecuadorian legal system. In this post, we describe the factual background of the Court’s ruling and examine the procedural issues underlying the recent…

Ecuador, Investment law, Investor-State arbitration, ISDS

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

Like a chronicle of a death foretold, the  systematic denunciation by Ecuador of the Bilateral Investment Treaties (“BITs”) signed with various states formally began in 2009.  Although, the origin of the complaints goes back to 2008, when the current Constitution of the Republic of Ecuador was enacted and specifically forbid the execution of any international…

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,…

Arbitration Proceedings, Ecuador, Investment protection, Latin America, Uncategorized

(Pérez Bustamante & Ponce and Universidad San Francisco de Quito) and (Coordinating Ministry of Production, Employment and Competitiveness of Ecuador)/ /Leave a comment

Article 19 of the Incentives for Public-Private Partnerships and Foreign Investment Act (“PPP Act”) recognizes local and international arbitration as one of the dispute resolution methods that has arisen in Public-Private Partnership agreements (“PPP agreements”).  Article 20 of this Act and articles 19, 20, 21, and 22 of its Regulations set forth certain rules for…