ECUADOR Trends and Developments Contributed by: Jorge Sicouret Lynch, Víctor Hugo Sicouret Zea, Karla Condo and Carlos Correa, Coronel & Pérez
merits. Constitutional review operates as a residual mechanism, available only in cases of manifest viola- tions of due process and does not alter the deferential structure of the system. The enforcement regime fol- lows the same pattern. Arbitral awards – both foreign and domestic – are enforced under the same terms as judicial decisions, without substantive review and with limited grounds for opposition. In the context of investment arbitration, the ECC has departed from its prior restrictive precedent, clarifying that investor-State arbitration is not prohibited, but must remain confined to treaty-based claims, to the exclusion of contractual or commercial disputes. Taken together, these elements define a coherent model: a pro-arbitration system that prioritises the effectiveness of arbitral decisions and confers broad powers on arbitral tribunals.
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