Ecuador

Arbitration Law

• Law No. 000. RO/145 - "Ley de Arbitraje y Mediación" - Sept. 4, 1997; amended by  Law No.  48. RO/532 - "Ley Reformatoria a la Ley de Arbitraje y Mediación" - Feb. 25, 2005. First codification: Law No 2006 - 014 - "Codificación de la Ley de Arbitraje y Mediación" - 14 Dec., 2006. Last codification: Law No. 000. RO(S)/544 - "Código Orgánico de la Función Judicial" - Mar.  9, 2009. 

• "Constitución Política de la Republica del Ecuador"  - RO/39 Oct. 2, 1998 - Article 181 of the Constitution of 1998

• "Constitución de la Republica del Ecuador" - RO/449 Oct. 20, 2008 - Articles 120, 190, 418 to 422, 436, 438. 

International Conventions

• On July 6, 2009, the World Bank received a written notice of denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) from the Republic of Ecuador.

Investment Protection Treaties

• Investment treaties marked in gray may have been terminated or be subject to termination proceedings (such as by Ecuador pursuant to its letters dated Oct. 6, 2008 published in Ecuadorean Official Register No. 452 on Oct. 23, 2008).  Such treaties nevertheless may contain so-called survival provisions.
• Investment treaties marked in orange may not be in force.

Bilateral Investment Treaties [5] [6]

Free Trade Associations

Certain Arbitration Cases

Cases/Parties Per Year

Arbitral Institutions

Chamber of Commerce of Quito (Cámara de Comercio de Quito)
Chamber of Commerce Ecuadorian-American (Cámara de Comercio Ecuatoriano-Americana)
Centro Internacional de Arbitraje y Mediacion (CIAM)
Cámara de la Construcción de Quito
Cámara de Comercio de Guayaquil
Cámara de Comercio de Cuenca
Cámara de Comercio de Ambato
Cámara de Comercio de Manta

DISCLAIMER: USERS OF THIS SITE ARE RESPONSIBLE FOR VERIFYING THE INFORMATION CONTAINED IN EACH COUNTRY BRIEF, THESE MATERIALS MAY NOT REFLECT THE MOST CURRENT LEGAL DEVELOPMENTS OR DECISIONS.

[1] According to Article XII 2) of the New York Convention, "[For each State ratifying or acceding to this Convention after the deposit of the third instrument of ratification or accession, this Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession."  Venezuela deposited its instrument of ratification on 3 Apr. 1962 (information available at http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention_status.html , last visited on March 1, 2010).
[2] According to Article 10 of the Panama Convention, "[f]or each State ratifying ... the Convention after the [Convention's entry into force,] the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification."  Ecuador deposited its instrument of ratification on October 23, 1991 (Information available at http://www.sice.org/dispute/comarb/intl_conv/caicpae.asp, last visited on March 2, 2010).
[3] According to Article 11 of the Montevideo Convention, "[f]or each State ratifying ... the Convention after the [Convention's entry into force,] the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification."  Ecuador deposited its instrument of ratification on Jan. 6, 1982. (Information available at http://www.sice.org/dispute/comarb/intl_conv/caicmoe.asp, last visited on June 2, 2008).
[4] On December 4, 2007, Ecuador notified ICSID under Article 25(4) of the ICSID Convention that it would no longer consent to ICSID jurisdiction over disputes involving oil, gas, and mining activities.  The implications of this notification require a case by case analysis.  On July 6, 2009, the World Bank received a written notice of denunciation of the ICSID Convention from Ecuador.  In accordance with Article 71 of the ICSID Convention, the denunciation will take effect six months after the receipt of Ecuador's notice, i.e., on January 7, 2010.  See http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement20.
[5] Language abbreviations: English = Eng.; Spanish = Sp.; French = Fr.; German = Ger.

[6] Sources:  UNCTAD - Country-specific lists of BITs, available at http://www.unctad.org/Templates/Page.asp?intItemID=2344&lang=1, last visited June 2, 2008, and Dirección General de Promoción de Exportaciones e Inversiones Bilaterales - DGPEI of the Ecuadorian Ministry of Foreign Affairs, at http://www.mmrree.gov.ec/mre/documentos/novedades/boletines/boletines%20promocion/2005/convenios_proteccion.pdf, last visited on  June 2, 2008.

[7] On February 15, 2013, the Constitutional Court held that the BIT was unconstitutional. The National Assembly has yet to approve the termination of the BIT.

[8] Ecuador has initiated legal proceedings to terminate the BIT. The Constitutional Court ruling is pending.

[9] On October 7, 2010, the Constitutional Court held that the BIT was unconstitutional. The National Assembly has yet to approve the termination of the BIT.

[10] The text of the treaty says it was signed on June 26, 1996, although Ecuador's Dirección General de Promoción de Exportaciones e Inversiones Bilaterales - DGPEI of the Ecuadorian Ministry of Foreign Affairs indicates that the BIT was signed on March 21, 1994, so we follow this source.

[11] On October 23, 2008, Official Register No. 452 published a copy of a letter sent by Ecuador to Cuba denouncing the agreement.

[12] Appears only in UNCTAD; full text not available. On October 23, 2008, Official Register No. 452 published a copy of a letter sent by Ecuador to the Dominican Republic denouncing the agreement.  Survival provisions may apply.

[13] On October 23, 2008, Official Register No. 452 published a copy of a letter sent by Ecuador to El Salvador denouncing the agreement.

[14] On July 29, 2010, the Constitutional Court held that the BIT was unconstitutional. The National Assembly approved the termination of the BIT on November 23, 2010.

[15] On September 16, 2010, the Constitutional Court held that the BIT was unconstitutional. The National Assembly approved the termination of the BIT on March 15, 2011.

[16] On June 24, 2010, the Constitutional Court held that the BIT was unconstitutional. The National Assembly approved the termination of the BIT on September 14, 2010.

[17] Appears only in UNCTAD; full text not available. On October 23, 2008, Official Register No. 452 published a copy of a letter sent by Ecuador to the Guatemala denouncing the agreement.  Survival provisions may apply.

[18] Appears only in UNCTAD; full text not available. On October 23, 2008, Official Register No. 452 published a copy of a letter sent by Ecuador to the Honduras denouncing the agreement.  Survival provisions may apply.

[19]  The Italy BIT is in force according to the search tool of the Ministry of Foreign Affairs, available at  http://web.mmrree.gov.ec/sitrac/Consultas/Busqueda.aspx

[20] On October 23, 2008, Official Register No. 452 published a copy of a letter sent by Ecuador to Nicaragua denouncing the agreement.

[21] On October 23, 2008, Official Register No. 452 published a copy of a letter sent by Ecuador to Paraguay denouncing the agreement.

[22] The BIT was denounced according to the Ministry of Foreign Relations website's search tool, available at http://web.mmrree.gov.ec/sitrac/Consultas/Busqueda.aspx.

[23] Appears only in UNCTAD; full text not available.

[24] Ecuador has initiated legal proceedings to terminate the BIT. The Constitutional Court ruling is pending. 

[25] On September 16, 2010, the Constitutional Court held that the BIT was unconstitutional. The National Assembly approved the termination of the BIT on March 15, 2011.

[26] On November 11, 2010, the Constitutional Court held that the BIT was unconstitutional. The National Assembly has yet to approve the termination of the BIT

[27] SICE.

[28] According to Ministry of Foreign Affairs website.

[29] On June 24, 2010, the Constitutional Court held that the BIT was unconstitutional. The National Assembly approved the termination of the BIT on September 14, 2010.

[30] On November 25, 2010, the Constitutional Court held that the BIT was unconstitutional. The National Assembly has yet to approve the termination of the BIT

[31] Exchange of notes with no dispute mechanism.  On October 23, 2008 Official Register No. 452 published a copy of a letter sent by Ecuador to Uruguay denouncing the agreement.

[32] Sources: OAS - SICE Foreign Trade Information System, available at http://www.sice.oas.org/agreements_e.asp, last visited:  2 March, 2010, and Ecuadorian Ministry of Foreign Affairs, at http://www.mmrree.gov.ec/, last visited on August 14, 2007.

[33] Economic Complementation Agreement No 59 among MERCOSUR and Colombia, Ecuador, and Venezuela.

[34] This Agreement entered into force for Ecuador, Argentina, Brazil and Paraguay on April 1, 2005.

[35] This Agreement entered into force for Ecuador, Colombia, Paraguay, and Venezuela on April 19, 2005.

[36] Cases are presented in chronological order according to the registration number (ICSID and Other Int'l Arbitration Cases) or the day of issuance (Court Decisions).

[37] Date the decision or award was rendered.

[38] Date the decision or award was rendered.

[39] Date the decision was rendered.

[40] No. of cases  administered by the International Center for Dispute Resolution of the AAA with a party from Ecuador. Updated to 2009

[41] No. of  Parties from Ecuador involved in Arbitration cases under ICC Rules.

[42] No. of cases registered by the ICSID Secretariat with Ecuador as Respondent State.