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NEWS

ENFORCING INTERNATIONAL ARBITRAL AWARDS VIS À VIS ECUADORIAN GENERAL ORGANIC CODE OF PROCEEDINGS

INTRODUCTION

According to the New York Convention, a signatory party’s domestic legislation should not impose more demanding requirements for the enforcement of international awards than those required for domestic awards. Consistently, the Ecuadorian Arbitration and Mediation Law does not make any differentiation between international awards and domestic awards. Nevertheless, it seems that Ecuadorian legislators decided to ignore those provisions when they were considering the approval of the Ecuadorian General Organic Code of Proceedings (the “GOCP”) that came into force in May 2015. The GOCP reformed the Civil Code of Procedure and included new provisions regarding the enforcement of international arbitral awards. For instance, a party seeking the enforcement of an international award in Ecuador shall first complete a homologation process1 before the Provincial Court in order to obtain its recognition. This process does not only entail a new layer of potential judicial intervention, but it also imposes an excessive burden on the party seeking the enforcement of the award. This article focuses on the homologation process and its impact on the enforcement of foreign arbitral awards.

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