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…
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…
The Second Circuit's decision on Chevron Corporation v. Steven Donziger et. al., one more chapter of the "Chevron Saga" (discussed by the author here), arose out of a federal action commenced by…
Following up on a recent post by Daniela Palacios on 24 May 2016 titled “Emelec vs Canal Uno: How Many Bites Can the Apple Handle?”, this article explores: (i) Ecuadorian courts’ historic approach to…
In general terms, a couple of the known advantages of arbitration are: (i) normally it is faster than adjudication before national courts and, (ii) the arbitral award is final. Now, both of these…
by Daniela Páez-Salgado, Herbert Smith Freehills (Assistant Editor for South America)
On November 2, 2015, an ICSID-appointed Committee issued its Decision on Annulment in Occidental v Ecuador (…
by Juan Carlos Herrera Q. Puente & Asociados
In the middle of a short holiday, the Ecuadorian Government anxiously expected the Decision on Annulment issued by the Ad-hoc Committee regarding the…
The Odyssey is one of the most famous epic poems of the classic era. Attributed to Homer, it describes the journey of Odysseus from Troy to Ithaca, his homeland. It took the hero about ten years to…
On May 22, the new General Organic Code of Processes (GOCP) was enacted (Official Register Supplement N. 506). Excluding constitutional, electoral and criminal matters, the GOCP will regulate…
The controversial dispute between the Ecuadorian government and the multinational corporation Chevron arose from the operations undertaken by Texpet –a subsidiary of Texaco at that time- on the…
