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…
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…
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…
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,…
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…
After 11 years and more than US$ 89 million in costs, an international tribunal rendered a final decision awarding damages in the Perenco v. Ecuador saga. We discuss below the background of the…
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Introduction
Recent years have…
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…
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…
“BITs and arbitration centers, such as ICSID, are an expression of an unjust moral order”, said Ecuador’s former President, Rafael Correa, back in 2014. Such animadversion led the country to denounce…
