ECUADOR Law and Practice Contributed by: Jorge Sicouret Lynch, María Celeste Alvarado, Julia Rovello and Mateo Viteri, Coronel & Pérez
10. Dispute Resolution and AI 10.1 Regulation
and enforcement has commenced, the debtor may oppose the enforcement order on the limited grounds set out in Article 373 of the COGEP, provided that the relevant event occurred after the judgment became enforceable. For foreign arbitral awards, the grounds for resist- ing enforcement are narrower. Since such awards no longer require prior recognition, resistance is concen- trated at the enforcement stage. Under the current regime, the award debtor may oppose enforcement only by producing documentary evidence that the obligation has already been performed, that enforce- ment has been stayed by a competent authority, or that the award has been set aside by a competent authority.
In Ecuador, there is currently no comprehensive stat- ute or procedural regime expressly regulating the use of artificial intelligence (“AI”) in dispute resolution. A draft law on the regulation and promotion of artificial intelligence is still under discussion since 2024. In any case, the absence of AI-specific dispute resolu- tion rules does not mean that AI use is legally uncon- strained. Any such use would still have to comply with Ecuador’s broader legal framework, especially related to due process, transparency, reasoned decision- making, and the right of defence. 10.2 Impact So far, there is no systematic data on the impact of AI on dispute resolution in Ecuador. Available evidence is largely anecdotal and suggests that its use remains concentrated in support functions rather than in adju- dicative decision-making itself. 10.3 Future Ecuadorian courts have not formally embraced AI to improve efficiency. However, it is reasonable to expect a gradual adoption, primarily in support functions – such as research, document processing, and case management.
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