ECUADOR Law and Practice Contributed by: Oswaldo Santos Dávalos and Bernarda Haro Aillón, Santos Burbano de Lara
There is no specific body of professional conduct rules for acting as counsel in arbitration. 13.3 Third-Party Funding There are no legal rules or restrictions on third-party funding. Neither the LAM nor the RLAM refers to it, and no provision prohibits it. The doctrines of cham - perty and maintenance do not form part of Ecuadorian law. There is no legal duty to disclose the funding or the identity of the funder. Disclosure occurs where the centre’s rules impose it (certain institutional rules require disclosure of the existence of funding and the identity of the funder), where the tribunal orders it to check for conflicts of interest on the terms indicated in 4.5 Arbitrator Requirements , or where the funded party offers it. There is no judicial ruling specifying the effects of a failure to disclose on the challenge of arbitrators or on the allocation of costs. 13.4 Consolidation Neither the LAM nor the RLAM govern the consolida - tion of arbitral proceedings. The consolidation rules of Articles 15 to 21 of the COGEP apply to court pro - ceedings.
Article 86 of the CAM CCQ rules empowers the cen - tre’s directorate or the arbitral tribunal to consolidate two or more arbitrations, of its own motion or at a party’s request, where the parties have expressly agreed to it, where all the claims are brought under the same arbitration clause, or where the disputes arise between the same parties in relation to the same legal relationship. Consolidation takes place in the arbitra - tion commenced first, unless otherwise agreed. Out - side those situations, separate proceedings cannot be consolidated. 13.5 Binding of Third Parties The extension of the arbitration agreement to non- signatories is provided in Article 6 of the RLAM, described in 5.6 Jurisdiction Over Third Parties . There is no distinction between domestic and foreign non-signatories. The award produces effects only between the parties to the arbitration, in accordance with the principle set out in Article 97 of the COGEP. A national court’s powers to bind third parties are the same irrespective of the nationality of those parties.
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