Ecuador

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…

Constitutional Court, Ecuador, ICSID Arbitration, International arbitration, International Investment Arbitration, Investment Arbitration, Investor-State arbitration, ISDS, Latin America, Trade and investment agreements

, , (Tadir Dispute Resolution)/ /1 Comment

The Ecuadorian government held a referendum and a public consultation on 21 April 2024. Question D of the referendum asked citizens: “Do you agree that the Ecuadorian State recognizes international arbitration as a method to resolve disputes related to investment, contractual, or commercial matters?” (free translation). The substantive proposal of the question was merely based…

Ecuador, Latin America

(Pérez, Bustamante & Ponce) and (Pérez Bustamante & Ponce)/ /Leave a comment

On 22 December 2023, a Tribunal composed of Prof. Bernard Hanotiau, Prof. Brigitte Stern and Dr. Andrés Rigo Sureda (President) issued a final award (“Award”) in an investment treaty case PCA 2019-15 (“Dispute”), between Worley International Inc. (“Worley” or “Claimant”) and The Republic of Ecuador (“Ecuador” or “Respondent”). The dispute arose in connection with agreements…

Ecuador, Latin America

, , (Tadir Dispute Resolution)/ /Leave a comment

The Constitutional Court of Ecuador (“Court”) has recently analyzed the constitutionality of two International Agreements. On 28 July 2023, the Court declared unconstitutional the provision contained in chapter 15.20 of the Trade Association Agreement between Ecuador and Costa Rica (Decision No. 2-23-TI/23), among other reasons, because it incorporated an state-private party (investor) dispute resolution clause…

Constitutional Court, Ecuador, ICSID Arbitration, Latin America, Trade and investment agreements, Uncategorized

, , , (Tadir Dispute Resolution)/ /Leave a comment

Ecuador distanced itself from the International Centre for Settlement of Investment Disputes (“ICSID”) system more than a decade ago. During this period, Ecuador withdrew from all its bilateral investment treaties (“BITs”) and the 1966 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). In August 2021,…

Constitutional Court, Constitutional proceeding, Ecuador, ICSID, ICSID Arbitration

(MIDS - Geneva Center for International Dispute Settlement)/ /Leave a comment

In a new chapter of Ecuador’s backlash to the Investor-State Dispute Settlement (ISDS) system saga, the Constitutional Court of Ecuador (Court) declared Art. 15.20 of the Ecuador-Costa Rica FTA (FTA, Treaty) unconstitutional. This provision provides for ICSID or UNCITRAL arbitration in case of violation of the substantive protections accorded to foreign investors in the Treaty…

Arbitration Institutions and Rules, Case Management, Ecuador, Institutional Arbitration, Interview of our editors, Interviews with Our Editors, Latin America, Uncategorized

(Locke Lord LLP) and (Herbert Smith Freehills)/ /Leave a comment

Welcome to the Kluwer Arbitration Blog, Ms. Vera!  We are grateful for this opportunity to learn more about the Center for Arbitration and Mediation of the Ecuadorian-American Chamber of ‎Commerce (CAM-AMCHAM Ecuador)‎, and its administration of complex disputes, as well as about the attractiveness of Quito as a seat for international arbitration.  To start, can…

Advocacy, Arbitration Proceedings, Czech Republic, Ecuador, Procedure, State, State Agency, State defense, Witness

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

In the last three decades, the advent of investment treaty arbitration and more recently third-party funding have led to an exponential rise in the number of international arbitrations pursued by private parties against sovereign States. Against this background, on March 28, 2022, as part of Paris Arbitration Week, Curtis, Mallet-Prevost, Colt & Mosle hosted the…

2021 in Review, Arbitration Institutions and Rules, Argentina, Brazil, Colombia, Conflicts of interest, Ecuador, Enforcement, Latin America

(Herbert Smith Freehills)/ /Leave a comment

In 2021, Latin American countries continued to struggle with the adverse effects of the COVID-19 pandemic.  Accordingly, legislative and jurisprudential developments on arbitration-related issues were also affected given that the governments were focused on reactivating local economies, vaccinating their citizens, and launching tax and labor reforms.  In addition, presidential elections also marked political shifts for…

Costs in arbitral proceedings, Ecuador, Investment Arbitration, Latin America, State defense

, (Carmigniani Pérez Abogados)/ /Leave a comment

On November 23, 2021, Ecuador’s Attorney General (“AG”), Iñigo Salvador Crespo announced the creation of a new institutional framework for handling disputes brought against the state and state entities with the vision of preventing and reducing litigation, particularly costly international arbitrations. The Institutional Strengthening of the Attorney General’s Office Project (“PROFIP” for its initials in…

2021 in Review, Brazil, Colombia, Ecuador, Energy, ICSID Convention, Investment Arbitration, Latin America, Mexico

(Locke Lord LLP)/ /Leave a comment

In 2021, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. From Mexico’s actions potentially triggering numerous treaty claims, to Colombia’s four consecutive victories, to Ecuador’s return to the International Centre for Settlement of Investment Disputes (ICSID) Convention. Our authors did a tremendous job covering and sharing their…

Arbitration Act, Ecuador, International Commercial Arbitration, Latin America, regulation

(Tobar ZVS)/ /Leave a comment

Ecuador´s Arbitration and Mediation Law (“AML”) was enacted in 1997 and amended in 2015. However, the AML did not count with regulations until August 2021. Given that some provisions contained in the AML are vague, arbitrators, counsel and judges interpreted them in different ways, many of them in contradiction with the very nature of the…

Constitutional Court, Ecuador, ICSID Convention, Investment protection, Ratification

(Tobar ZVS)/ /Leave a comment

On 15 January 1986, Ecuador signed the Convention on the Settlement of Investment Disputes between States and Nationals of other States (“ICSID Convention”). During President Rafael Correa´s administration (2007-2017), President Correa publicly expressed his hostility towards the ICSID Convention and the international investment protection system. In 2008, Ecuador denounced over a third of its bilateral…

Consent, Ecuador, ICSID Convention, International Investment Arbitration, Ratification

(Herbert Smith Freehills) and (Herbert Smith Frehills)/ /Leave a comment

On June 21, 2021, Ecuador’s Ambassador to the United States, Ivonne Juez Abuchacra de Baki, signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention“) on behalf of the Republic of Ecuador (“Ecuador“).  With Ecuador, the number of signatory States to the ICSID Convention is now…

Annulment, Constitutional Court, Ecuador, Latin America, Revision of Award

(Tobar ZVS)/ /Leave a comment

I .The Annulment of an Arbitral Award under Ecuadorian Law Pursuant to article 30 of the Arbitration and Mediation Law (AML), arbitral awards are final and binding for the parties. In other words, parties cannot file recourses to challenge an award, with the exception of a clarification or extension petition before the arbitral tribunal. However,…

Ecuador, Enforcement, Exequatur, International Award, Latin America

(Tobar ZVS)/ /Leave a comment

In 2015, Ecuador changed its General Organic Code of Processes (procedural law or COGEP) and imposed an exequatur procedure for foreign awards. The Law of Productive Development, Attraction of Investment, Employment Generation and Tax Stability (Investment Law) enacted in 2018 repealed this requirement. Nevertheless, despite this amendment, there are still practical difficulties that parties face…

2019 In Review, Chile, Colombia, Constitutional Court, Damages, Dominican Republic, Dual Nationals, Ecuador, Free Trade Agreements, Investment Arbitration, Latin America, Mexico, USMCA

(Locke Lord LLP)/ /Leave a comment

Introduction In 2019, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. While some of them were in line with expectations, some jurisdictions did deviate from their usual or expected approach to ISDS and surprised us in positive, but also in negative ways. Our authors did a tremendous…

2019 In Review, Amparo, Arbitration Act, arbitrators’ conduct, Brazil, Bribery, Colombia, Commercial Arbitration, Constitutional Court, Costa Rica, Ecuador, Guaidó, Kluwer Arbitration Blog, Latin America, Mexico, OAS Guide, Odebrecht investigation, Paraguay, Peru, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

2019 was a lively year for international arbitration in Latin America – especially in the international commercial arbitration arena, which is the focus of this post. Contributors to Kluwer Arbitration Blog reported mostly on favorable developments on arbitration-related legislation, case law and other initiatives. The year, however, ended with a regrettable situation in Peru, where…

Counterclaims, Damages experts, Ecuador, Environment, Independent experts

(Herbert Smith Freehills) and (Herbert Smith Freehills )/ /Leave a comment

After 11 years and more than US$ 89 million in costs,1)Perenco claimed US$ 57,923,322 in legal costs and other expenses, while Ecuador claimed US$ 31,620,369.27 for legal costs and other expenses and an additional US$ 49,629.76 for Petroecuador’s legal costs (a total of US$ 31,701,618.76). an international tribunal rendered a final decision awarding damages in…

2018 In Review, Argentina, Belt Road Initiative, BIT, Bolivia, Brazil, Cooperation and Facilitation Investment Agreements, Costa Rica, Ecuador, Franchising Contracts, ICSID Arbitration, Latin America, Mexico, Model BIT, NAFTA, Public Procurement, São Paulo, South America, Uruguay, USMCA

(University of Aberdeen ), (Herbert Smith Freehills), and (Locke Lord LLP)/ /Leave a comment

        [Source:Google] In this post the Kluwer Arbitration Blog’s Latin American editorial team (Associate Editor Gloria Alvarez and Assistant Editors Daniela Páez  and Enrique Jaramillo) joins us in an adventure to reflect on the Blog’s 2018 coverage of arbitration developments in the region. First, it is worth recapping the environment and circumstances…

BIT, Ecuador, Human Rights, Morocco, Nigeria

, (Allen & Overy)/ /Leave a comment

The views and opinions expressed in this article are those of the authors and do not necessarily reflect the views of Allen & Overy, nor those of its clients. Introduction Recent years have witnessed an unprecedented level of attention on corporate responsibility for human rights. As public calls for action in this area intensify, States are…

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…

Adverse Inference, Algeria, Arbitration, Canada, Czech Republic, Ecuador, Good Faith, IBA Rules of Evidence, Investment protection, Investor-State arbitration, Poland, Venezuela

/ /Leave a comment

Principles of adverse inferences are applied universally. International law endorses the arbitrator’s inherent authority to draw adverse inferences against a party for unjustified non-compliance with an order to produce information. Moreover, arbitrators can rely on general principles of law when applying adverse inferences as a basis for decisions. The general principle of good faith imposes…

BIT, Denunciation, Ecuador, ICSID Arbitration, Latin America, South America

(Locke Lord LLP)/ /Leave a comment

This post is the conclusion of a two-part publication regarding the situation of investors in Ecuador vis-á-vis the country’s efforts to elude the substantive and procedural protections afforded by investor-state dispute settlement (ISDS). The first part consisted of a review of the law applicable to entering and withdrawing from the International Centre for Settlement of…