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Meythaler & Zambrano Abogados | Ecuador | 24 Aug 2020

Protecting patent rights in Ecuador

The most relevant patent infringement cases in the Ecuadorian pharmaceutical sector are the result of the health and public procurement authorities allowing third parties to market and obtain registries of pharmaceutical products protected by patents without the rights holder's authorisation. However, in a landmark case, the national entity that grants patents penalised the improper and......
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Meythaler & Zambrano Abogados | Ecuador | 25 Jun 2020

Competition authority introduces fast-track merger procedure

The Superintendency for Market Power Control (SCPM) recently published a resolution which established a fast-track merger control procedure and introduced the so-called 'failing firm' defence. The new procedure has been long overdue and is a welcome development, especially as it makes Ecuador an advantageous M&A venue and will save time and money for the SCPM and undertakings that meet the......
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Coronel & Pérez | Ecuador | 12 Jan 2017

Constitutional Court issues troubling arbitration ruling

The Constitutional Court recently annulled an arbitral award based on grounds that are not listed in the Arbitration Law as causes for such action. To reach that outcome, the court made an expansive application of certain constitutional guarantees dealing with due process. The ruling has created troubling uncertainty regarding the enforcement of arbitral awards.
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Coronel & Pérez | Ecuador | 3 Nov 2016

Executive regulations for arbitration in public-private partnerships

After the National Assembly passed a law regulating agreements for public-private partnerships involving foreign investors, the executive branch promulgated a decree establishing regulations to facilitate the law's implementation. Some of the new regulations deal with arbitration in the context of public-private partnerships with foreign corporations. Although this is a positive step in the......
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Coronel & Pérez | Ecuador, Global | 14 Jul 2016

BIT tribunal not deterred by constitutional mandate

A UNCITRAL tribunal has found Ecuador to be in breach of the 1996 Canada-Ecuador Bilateral Investment Treaty for the unlawful expropriation of the investment of a Vancouver-based company. The expropriation was the result of a resolution passed by the 2008 constituent assembly. According to Ecuadorian jurisprudence, the powers of constituent assemblies are considered unlimited and are......
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Coronel & Pérez | Ecuador | 7 Apr 2016

Courts clash on cassation and arbitration

The Constitutional Court recently annulled a National Court of Justice ruling that had denied a petition to review a sentence issued by the president of the Guayaquil Court on a nullity action against an arbitral award. According to the Constitutional Court, the National Court's decision was unconstitutional because it deprived the plaintiff of his right to appeal.
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Coronel & Pérez | Ecuador | 21 Jan 2016

International arbitration in public-private partnerships

In order to attract private investment, Ecuador recently adopted a new law that regulates the establishment and operation of public-private partnerships. One of its features is that parties to these partnerships may submit their disputes to international arbitration. This is a positive step, but certain conditions may dissuade companies from entering into this type of partnership.
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Coronel & Pérez | Ecuador | 24 Sep 2015

New interpretation for annulment of arbitral awards

The Constitutional Court has ruled that sentences on nullity action against arbitral awards are subject to review by the highest court through the cassation recourse. The ruling clarifies an issue that has been the source of much debate. While this is a positive step, the decision may open new opportunities for defeated parties to delay the enforcement of unfavourable arbitral awards.
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Coronel & Pérez | Ecuador | 11 Jun 2015

New (and difficult) rules for enforcing international awards

Ecuador's new code of judicial procedures has abandoned the speedy system for the enforcement of international awards that existed under the Arbitration and Mediation Law and replaced it with a cumbersome two-tier procedure. The winning party must initiate a process to obtain a favourable ruling by a court of appeal declaring the homologation and recognition of the award.
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Coronel & Pérez | Ecuador | 5 Mar 2015

Award in connection with divorce upheld

A provincial court recently upheld the validity of an award dealing with a divorce dispute. The court dismissed a nullity action filed by the losing party in arbitration. The ruling is a significant step in supporting arbitration, since the traditional view has been that such cases fall within the exclusive competence of ordinary judges.
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