Commercial Arbitration

Ecuador

Javier Robalino-Orellana and Daniel Robalino-Orellana

Paz Horowitz Robalino Garcés

    Infrastructure

  1. 1.The New York Convention
    Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations?

    Yes, Ecuador is a party to the 1958 United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards. Ecuador made a reservation for which the New York Convention only applies to arbitral awards on commercial matters, hence, civil, labour or other matters are not covered.

  2. 2.Other treaties
    Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards?

    Ecuador is signatory of the main international instruments regarding arbitration, including: the 1928 Havana Convention on Private International Law, the 1958 United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), the 1975 Inter-American Convention on International Commercial Arbitration (Panama Convention); and the 1979 Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards.

  3. 3.National law
    Is there an arbitration act or equivalent and, if so, is it based on the UNCITRAL Model Law? Does it apply to all arbitral proceedings with their seat in your jurisdiction?

    The Arbitration and Mediation Law (AML) enacted in 1997 governs the arbitration proceedings seated in Ecuador. The same set of laws covers domestic and international arbitrations, and the enforcement of foreign awards in Ecuador.

    The AML took some of the legal provisions of the UNCITRAL Model law; however, it has several variations such as the conduct of the arbitral proceedings, the annulment grounds and the recognition and enforcement of international arbitration awards.

  4. 4.Arbitration bodies in your jurisdiction
    What arbitration bodies relevant to international arbitration are based within your jurisdiction? Do such bodies also act as appointing authorities?

    Article 39 of the AML law specifies that only trade unions, chambers of commerce, or non-profit organisations can organise arbitration and mediation centres. Currently, several chambers of commerce provide international arbitration services, including lists of foreign arbitrators to serve in such proceedings. The most relevant bodies to international arbitration, based on Ecuadorian jurisdiction, are the Arbitration and Mediation Centre of the Quito Chamber of Commerce, and the Arbitration and Mediation Centre of Ecuadorian-American Chamber of Commerce; both based in Quito.

  5. 5.Foreign institutions
    Can foreign arbitral providers operate in your jurisdiction?

    Article 39 of the AML provides that only trade unions, chambers of commerce or non-profit organisations can establish arbitration and mediation centers (arbitral institutions), hence, foreign arbitral providers cannot operate in the case of domestic proceedings. However, in the case of independent (not institutional) international arbitration, foreign arbitral providers may operate. Nonetheless, this can be an inconvenient at the time of enforcement of the award.

  6. 6.Courts
    Is there a specialist arbitration court? Is the judiciary in your jurisdiction generally familiar with the law and practice of international arbitration?

    AML, as a general principle, prevents judicial interference on arbitration, but for the cases of interim relied and enforcement of awards. Hence, there is not a specialist arbitration court.

    Is feasible to say that the judiciary is familiar with the law and practice of international commercial arbitration regarding enforcement of awards, but not with the principles, comparative law or the substantive law on commercial and investment arbitration.

    7. Agreement to arbitrate

  7. 7.Formalities
    What, if any, requirements must be met if an arbitration agreement is to be valid and enforceable under the law of your jurisdiction? Can an arbitration agreement cover future disputes?

    It has been determined that, among the requirements for validity of the arbitration agreement, the agreement must be in writing.

    However, a written document is not only one duly signed by the parties, but it is also one “… resulting from an exchange of letters or other written communications evidencing the parties’ will to submit to arbitration.” Hence, the lawmaker’s intention was to record the parties’ unequivocal desire to resort to arbitration, no matter if their consent is expressed in one act or in several simultaneous or consecutive acts.

    Furthermore, in the case of a compromise to arbitrate, article 6 of the AML requires that it must be made “… in a document stating the name of the parties and an unequivocal definition of the legal transaction to which it refers.” Finally, when the dispute involves civil indemnities for felonies or unintentional tort, that is, for extra-contractual liability, “the arbitration agreement must refer to the facts with which the arbitration will deal.”

    In addition, if the arbitration agreement is within the context of public contracting (which involves governmental institutions), the Constitution, the AML, the Organic Law for Public Procurement, and the Organic Law for the Office of the Attorney General set forth the following additional requirements for local and international arbitration:

    (a) the “favourable opinion of attorney general of the state” must be issued previously; and

    (b) the “express authorisation of the highest authority of the respective institution” must be obtained.

    Arbitration agreements can cover future disputes.

  8. 8.Arbitrability
    Are any types of dispute non-arbitrable? If so, which?

    According to Ecuadorian law, it is possible to submit to arbitration only matters on which it is possible to reach a compromise.

    Article 199 of the Constitution imposes a parameter to define arbitrability of disputes in Ecuador, hence, arbitration and alternative procedures for dispute resolution “… shall be applied pursuant to the law in such matters where, due to their nature, it is possible to compromise”. This precept is also included in Article 1 of the AML.

    The Ecuadorian Civil Code does not list the matters that can be the object of a compromise, but excludes those that cannot be: (i) criminal matters; (ii) marital status of persons; (iii) the right to receive alimonies; (iv) inexistent rights or rights of others; (v) agreements obtained through fraud or violence; and (vi) matters already resolved through a judgment passed with authority of res judicata of which the parties had no knowledge at the time of the compromise.

    However, considering the principle of competence – competence, the tribunal decides if the dispute may or may not be arbitrated, thus, decides on its own competence and jurisdiction.

  9. 9.Third parties
    Can a third party be bound by an arbitration clause and, if so, in what circumstances? Can third parties participate in the arbitration process through joinder or a third-party notice?

    No, article 5 of the AML specifies that the arbitration agreement is binding only to the parties. We are not aware of a case of third party notice

  10. 10.Consolidation
    Would an arbitral tribunal with its seat in your jurisdiction be able to consolidate separate arbitral proceedings under one or more contracts and, if so, in what circumstances?

    The AML does not contain any relevant provisions in this regard. However, the Code of Civil Procedure, which is applicable to arbitration, includes four situations in which consolidation is possible.

    Under article 108 of the Code of Civil Procedure, applicable to domestic arbitration or international arbitrations seated in Ecuador, consolidation is possible if one of the following scenarios occurs: (i) a judgment in another case would produce res judicata; (ii) the object in dispute is also under dispute in a previous case; (iii) the object in dispute is part of a creditor’s concordat (bankruptcy cases); and (iv) if the matter under dispute would be divided if it would be solved in different proceedings.

  11. 11.Groups of companies
    Is the “group of companies doctrine” (or any other method of piercing the corporate veil) recognised in your jurisdiction?

    No. The “group of companies” doctrine is not expressly recognised in Ecuador and as previously mentioned, regarding domestic arbitration, is not applicable since the arbitration agreement is only valid between the parties.

    On international arbitrations, related to commercial and investment disputes, the aforesaid doctrine has been recognised and applied by tribunals in which Ecuador (or a public entity) is a party, or in which a national corporation has been involved.

  12. 12.Separability
    Are arbitration clauses considered separable from the main contract?

    The AML expressly consider the arbitration clause independent from the main contract (article 5 of the AML, and this provision is often incorporated in arbitration clauses.

  13. 13.Competence-competence
    Is the principle of competence-competence recognised in your jurisdiction? Can a party to an arbitration ask the courts to determine an issue relating to the tribunal’s jurisdiction and competence?

    The ‘competenz-competenz’ is fully applicable in Ecuador and is consistently followed by local courts. Article 22 of the AML determines that the first thing an arbitral tribunal must do once it has been composed is to determine its own jurisdiction. Courts do not exercise any control over the tribunal jurisdiction.

  14. 14.Drafting
    Are there particular issues to note when drafting an arbitration clause where your jurisdiction will be the seat of arbitration or the place where enforcement of an award will be sought?

    Yes, it is fundamental to avoid non-effective clauses for lack of formal requirement (please see question 7). Furthermore, is important to waive the right to challenge the award since there are three cases in which a party has presented an anti-arbitration injunction that stops the commencing of arbitration.

  15. 15.Institutional arbitration
    Is institutional international arbitration more or less common than ad hoc international arbitration? Are the UNCITRAL Rules commonly used in ad hoc international arbitrations in your jurisdiction?

    Institutional international arbitration is more common than ad hoc international arbitration regarding commercial disputes. UNCITRAL rules are commonly used in ad hoc proceedings, but also in some institutional arbitrations in which the Ecuadorian government is a party.

  16. 16.Multi-party agreements
    What, if any, are the particular points to note when drafting a multi-party arbitration agreement with your jurisdiction in mind? In relation to, for example, the appointment of arbitrators.

    Multi-party arbitration agreements must fulfill the same legal requirements as a bilateral agreement. See question 7.

    17. Commencing the arbitration

  17. 17.Request for arbitration
    How are arbitral proceedings commenced in your jurisdiction? Are there any key provisions under the arbitration laws of your jurisdiction relating to limitation periods of which the parties should be aware?

    Arbitration commences with the submission of the claim to the director of the arbitration centre. After the notice of arbitration has been served to the respondent, the respondent has ten days to present the statement of reply. However, the parties can arrange its own proceeding, in the arbitration agreement, stipulating the periods of time for the issuance of the award (ie, fast track arbitration).

    18. Choice of Law

  18. 18.Choice of law
    How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?

    The Arbitration and Mediation Law does not provide the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute. But, if the applicable law is unclear in the arbitration agreement, the AML sets Ecuadorian law as the applicable law.

    19. Appointing the tribunal

  19. 19.Choice of arbitrators
    Does the law of your jurisdiction place any limitations in respect of a party’s choice of arbitrator?

    The parties are free to nominate the arbitrators in the arbitration agreement, but if the arbitration (domestic) is to be ruled in law, then the arbitrators must be lawyers accredited in Ecuador.

  20. 20.Foreign arbitrators
    Can non-nationals act as arbitrators where the seat is in your jurisdiction or hearings are held there? Is this subject to any immigration or other requirements?

    Ecuadorean law does not hold a specific requirement as to the citizenship of arbitrators in international arbitrations seated in Ecuador. Several arbitration institutions, such as the Arbitration Center of the Quito Chamber of Commerce, have foreign nationals in the list of arbitrators.

    Depending on the nationality of the arbitrator, some immigration requirements (ie, visa application) may be applicable.

    Arbitration fees earned by foreign arbitrators for services rendered in connection with arbitrations seated in Ecuador are subject to two taxes: income tax withholding equivalent to 25 per cent and overseas remittance tax equivalent to 2 per cent. If payments are made locally taxes will apply.

  21. 21.Default appointment of arbitrators
    How are arbitrators appointed where no nomination is made by a party or parties or the selection mechanism fails for any reason? Do the courts have any role to play?

    The AML allow the parties to self-determine how to select the arbitrators, and the number of members in the tribunal (one or three members). Nevertheless, if the parties do not nominate arbitrators then the AML provides a mandatory proceeding and:

    a) the parties can mediate to select the tribunal;

    b) in the absence of full agreement on the mediation, the director of the arbitration centre administering the proceeding shall send the parties a list of arbitrators to designate by common agreement within a period of three days;

    c) if the parties fail to designate one or more arbitrators, the director of the arbitration centre shall appoint, acting as appointing authority, the tribunal through ballot (from the list of arbitrators submitted by the centre).

    However, the AML allows the parties, by mutual agreement, to appoint arbitrators from outside the list submitted by the arbitration centre, and in the case of independent arbitration, the parties shall appoint the arbitrators on the arbitration agreement.

    Courts do not play a role in the selection of the tribunal.

  22. 22.Immunity
    Are arbitrators afforded immunity from suit under the law of your jurisdiction and, if so, in what terms?

    No, arbitrators are not afforded with immunity.

  23. 23.Securing payment of fees
    Can arbitrators secure payment of their fees in your jurisdiction? Are there fundholding services provided by relevant institutions?

    Usually, arbitration institutions collect the arbitrator’s fees when the claim is submitted.

    24. Challenges to arbitrators

  24. 24.Grounds of challenge
    On what grounds may a party challenge an arbitrator? How are challenges dealt with in the courts or (as applicable) the main arbitration institutions in your jurisdiction? Will the IBA Guidelines on Conflicts of Interest in International Arbitration generally be taken into account?

    Article 76(7)(k) of the Constitution of Ecuador provides that all persons are entitled “to be judged by an independent, impartial and competent judge …”. This rule represents one of the guarantees of the due process and is applicable to all judicial proceedings and alternative dispute resolution methods, such as arbitration. For this reason, article 19 of the AML compels the arbitrator to reveal any reasons that might disqualify him from performing his functions due to absence of such qualities.

    The AML (article 21) foresees a specific procedure for challenging arbitrators, but does not involve courts. In the case of institutional arbitration, the director of the arbitration centre must resolve the challenge, and in ad-hoc arbitration, the request must be resolved by the other members of the tribunal, or by the director of the closest arbitration centre to the domicile of the plaintiff.

    There are no specific rules or codes of conduct for arbitrators in the legislation. However, arbitration centres do follow IBA Guidelines on Conflicts of Interest in their internal rules of procedure.

    25. Interim relief

  25. 25.Types of relief
    What main types of interim relief are available in respect of international arbitration and from whom (the tribunal or the courts)? Are anti-suit injunctions available where proceedings are brought elsewhere in breach of an arbitration agreement?

    AML’s article 9 gives tribunals wide powers to grant interim relief. In accordance with article 9, parties can include in the arbitral agreement a provision by which the tribunal can request the assistance of public officials (administrative and judicial employees; police) to enforce interim relief. If the possibility of interim relief is not included in the arbitral agreement, the party who requires interim relief will have to file a request before a court. Local courts will lend their enforcement authority to an arbitral tribunal in such situation.

    Under AML article 8, when a party files a lawsuit with disregard to an arbitral agreement, the defendant must file an answer to the claim which alleges that there is a binding arbitral agreement. Such argument will have to be resolved by the court as a threshold matter, which will require both parties to submit evidence about the existence and application of the arbitral agreement to the dispute, without dealing with the merits of the case.

  26. 26.Security for costs
    Does the law of your jurisdiction allow a court or tribunal to order a party to provide security for costs?

    Yes, in case of annulment action presented against arbitration awards.

    27. Procedure

  27. 27.Procedural rules
    Are there any mandatory rules in your jurisdiction that govern the conduct of the arbitration (e.g. general duties of the tribunal and/or the parties)?

    Article 76(7)(k) of the Constitution of Ecuador provides that all persons are entitled “to be judged by an independent, impartial and competent judge …”. This rule represents one of the guarantees of the due process and is applicable to all judicial proceedings and alternative dispute resolution methods, such as arbitration. For this reason, article 19 of the AML compels the arbitrator to reveal any reasons that might disqualify him from performing his functions due to absence of such qualities.

    The parties to arbitration are compelled to act in good faith and abusive claimants are condemned in costs and attorneys fees.

  28. 28.Refusal to participate
    What is the applicable law (and prevailing practice) where a respondent fails to participate in an arbitration?

    If the respondent fails to participate in arbitration, article 14 of the AML provides that the proceeding shall continue and that the tribunal shall assume that the respondent has alleged the denial of all the claims. However, the respondent would not be able to submit evidences.

  29. 29.Admissible evidence
    What types of evidence are usually admitted, and how is evidence usually taken? Will the IBA Rules on the Taking of Evidence in International Commercial Arbitration generally be taken into account?

    Pursuant to article 23 of the AML, arbitral tribunals have the power to request from the parties and from third parties all the evidence they deem necessary (ie, documentary evidence, witness statements, expert reports). If a third-party does not want to deliver the requested evidence, the tribunal may request the assistance of the judicial police in application the Code of Civil Procedure provisions.

  30. 30.Court assistance
    Will the courts in your jurisdiction play any role in the obtaining of evidence?

    Usually, tribunals will have enough powers to obtain or order the parties to produce documents or submit evidence. However, tribunals may seek relief from courts to obtain evidence.

  31. 31.Document production
    What is the relevant law and prevailing practice relating to document production in international arbitration in your jurisdiction?

    The prevailing practice fits the relevant law. The AML provides that the proceeding is oral, but only in the hearings. The parties have to produce each memorial statement (ie, of claim, of defence, joinder or rejoinder) and the tribunal produce in writing the correspondent procedural orders.

  32. 32.Hearings
    Is it mandatory to have a final hearing on the merits?

    Yes, the AML provides that every proceeding shall have at least a hearing on jurisdiction and a hearing on the merits.

  33. 33.Seat or place of arbitration
    If your jurisdiction is selected as the seat of arbitration, may hearings and procedural meetings be conducted elsewhere?

    Yes, article 35 of the AML stipulates that the parties may select the place of arbitration and the place to held hearings and procedural meetings, but only if previously agreed in the arbitration agreement.

    34. Award

  34. 34.Majority decisions
    Can the tribunal decide by majority?

    Yes. Two thirds of the tribunal can decide on the matter of arbitration.

  35. 35.Limitations to awards and relief
    Are there any particular types of remedies or relief that an arbitral tribunal may not grant?

    If the award embodies a monetary obligation, post-award interest accrues until the sum is paid to the creditor. The award needs to establish the date when interest runs and in the enforcement proceedings the judge will make a liquidation of interests at the “legal rate determined by the Central Bank”, until payment is made.

    However, Ecuadorian legislation does not allow punitive damages or compound interest, thus domestic awards cannot grant such pleads.

  36. 36.Dissenting arbitrators
    Are dissenting opinions permitted under the law of your jurisdiction? If so, are they common in practice?

    Yes, arbitrators are allowed to issue dissenting opinions to the award. The dissenting opinion shall determine the reasons and argumentations of the dissenting arbitrator. This is common practice.

  37. 37.Formalities
    What, if any, are the legal and formal requirements for a valid and enforceable award?

    The AML states a few formal requirements for an award to be valid:

    a. the award must be issued by majority vote;

    b. all the arbitrators shall sign the award, but those with dissenting opinion;

    c. dissenting opinions shall be attached to the award; and

    d. the award and the dissenting opinion shall enclose a clear explanation of the deciding issue and the grounds or reasons for the decision.

  38. 38.Time frames
    What time limits, if any, should parties be aware of in respect of an award? In particular, do any time limits govern the interpretation and correction of an award?

    The AML allows the parties to request the clarification of the award on specific matters and they also can request the tribunal to resolve points of claim not satisfied in the award. In the first scenario the tribunal can interpret the award, and in the second the tribunal is empowered to extend the award.

    39. Costs and interest

  39. 39.Costs
    Are parties able to recover fees paid and costs incurred? Does the “loser pays” rule generally apply in your jurisdiction?

    No, the director of the arbitration centre decides on the cost and expenses of the tribunal once the claim is submitted. Costs and expenses are decided on the basis of each centre’s regulation on fees and are usually related to the amount of the claim.

    However, the arbitral tribunal is empowered to award attorneys’ fees in the final award. Usually attorney fees are granted if one of the parties litigated in bad faith or delayed the normal course of the proceedings.

  40. 40.Interest on the award
    Can interest be included on the principal claim and costs? Is there any mandatory or customary rate?

    Yes, interest can be included on the principal claim until the sum is paid to the creditor. The award needs to establish the date from when the interest runs and in the enforcement proceedings the judge will make a liquidation of interests at the “legal rate determined by the Central Bank” which is the 8 per cent. Ecuadorian legislation does not allow compound interest.

    41. Challenging awards

  41. 41.Grounds for appeal
    Are there any grounds on which an award may be appealed before the courts of your jurisdiction?

    Awards cannot be appealed before courts, as expressly forbidden by the AML, thus it is not possible to review the merits of the award.

  42. 42.Other grounds for challenge
    Are there any other bases on which an award may be challenged, and if so what?

    Besides the legal grounds established in the international conventions, the AML established a list of grounds for requesting the annulment of an award.

    The grounds to request annulment of an award are listed, expressly, in article 31 of the AML and includes the following procedural misdeeds: (i) failure to serve the claim to the defendant in a process heard and terminated ex parte, provided that it limits that party’s right of defence; (ii) failure to serve the court’s orders to the parties thus limiting or preventing their right of defence; (iii) failure to summon, notify or present evidence despite the existence of facts that must be justified; (iv) extra or ultra petita decision; and (v) illegal constitution of the arbitration panel.

    It should be noted that the grounds for annulment are always restrictive and only refer to procedural irregularities (in procedendo errors), and not to substantive irregularities or errors in judicando.

    According to the law a party has 10 days from the day that the award ought to be enforced, to file, before the same arbitral tribunal, the claim for annulment of the arbitral award. Within three days, the arbitration panel must deliver the proceeding to the president of the provincial court in the respective jurisdiction, who must adopt a decision within thirty days. Additionally, whoever files an action for annulment may ask the tribunal to suspend the enforcement of the award by rendering a sufficient bond. Despite how brief the procedure for an action for annulment seems to be, the timeframe is hardly ever met.

  43. 43.Modifying an award
    Is it open to the parties to exclude by agreement any right of appeal or other recourse that the law of your jurisdiction may provide?

    In Ecuador, awards can only be challenged through an annulment action, which is a statutory right of the parties. Hence, even if the parties expressly waive their right to challenge the award, courts will admit the annulment action.

    44. Enforcement in your jurisdiction

  44. 44.Enforcement of set-aside awards
    Will an award that has been set aside by the courts in the seat of arbitration be enforced in your jurisdiction?

    Ecuadorian legislation provides two contradictory rules on this regard. For instance, the Organic Code for the Judiciary acknowledges the recognition and enforcement process of the foreign award (a kind of exequatur).

    Conversely, the AML gives foreign awards an equal treatment to domestic awards passed in a last instance. In this regard, article 42 of the AML states that “awards pronounced in an international arbitration proceeding shall have the same effects and shall be enforced in the same manner as awards issued in a local arbitration proceeding” which, pursuant to article 32 of the AML, are enforced as judicial judgments, that is, through the so-called judicial order for enforcement without delay.

    We are not aware of a case in which a court has enforced an award that has been set aside in the seat of arbitration, but it may be intended under the AML provision and the Chromalloy case precedent.

  45. 45.Trends
    What trends, if any, are suggested by recent enforcement decisions? What is the prevailing approach of the courts in this regard?

    Courts have been, usually, supportive of arbitration and helpful at the time of enforcement of awards. Nonetheless, since the enactment of the 2008 Constitution, some constitutional actions have been brought against arbitration proceedings and against enforcement actions.

    The Constitutional Court has determined that article 94 of the constitution is not applicable to arbitration; however, the so-called Special Action for Protection that allows the review of judgments with res judicata effect has been pursued against arbitral awards. Furthermore, constitutional interim measures, used as an anti-arbitration injunction, have been ordered against arbitration proceedings.

  46. 46.State immunity
    To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?

    The AML does not provide specific rules that apply to the enforcement of an award against a state or a state entity. However, in a recent case, the Supreme Court has affirmed that is not possible to enforce an award that seizes public funds banked in the Single Treasury Account (belonging to the Ecuadorian state and considered a public good).

    Furthermore, Ecuador is a signee of the Vienna Convention on Diplomatic Affairs; hence, foreign diplomats have immunity in criminal, civil and administrative jurisdiction. Immunity does not apply to claims related to commercial activities of the diplomat, performed in disregard of its official duties.

    We are not aware of a case in which a party has pleaded the Foreign Sovereigns Immunities Act.

    47. Further considerations

  47. 47.Confidentiality
    To what extent are arbitral proceedings in your jurisdiction confidential?

    Arbitrations can be confidential if the parties convey so in the arbitration agreement. Hence, article 34 of the AML states that only the parties and their counsels can obtain a copy of the arbitration file or any information related to the proceeding or the award.

    However, there are no express provisions on the AML regarding trade secrets or rules of privileges.

  48. 48.Evidence and pleadings
    What is the position relating to evidence produced and pleadings filed in the arbitration? Are these confidential? Is there any way that they might be relied on in other proceedings (whether arbitral or court proceedings)?

    As previously mentioned, arbitrations can be confidential if the parties agreed. Furthermore, evidence produced and pleadings files are confidential and no one but the parties and their counsels can obtain access to this information. However, in case of an annulment action, the judge or court who resolves the action will be entitled to request the entire arbitration files (including evidence and pleadings).

  49. 49.Ethical codes
    What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your jurisdiction?

    Counsels and arbitrators are compelled to act under severe and high ethical standars contained in the Constitution, the AML, the Organic Code of the Judiciary and the Code of Conduct for the Practice of Law (see question 24). Also, arbitration centres do follow IBA Guidelines on Conflicts of Interest in their internal rules of procedure.

  50. 50.Procedural expectations
    Are there any particular procedural expectations or assumptions of which counsel or arbitrators participating in an international arbitration with its seat in your jurisdiction should be aware?

    Usually the language used in proceedings held in Ecuador is Spanish. Furthermore, is important to note that criminal actions have been raised against arbitrators for misconduct or prejudice in the arbitration proceedings.

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