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ECUADOR 2026-1
Corte Constitucional del Ecuador, Plenary Session, 12 September 2024, Case No. 34-23-CN, Decision No. 34-23-CN/24
(Salzgitter Mannesmann International GmbH v. SEDEMI Servicios de Mecánica Industrial Diseño ... Read more
Corte Constitucional del Ecuador, Plenary Session, 12 September 2024, Case No. 34-23-CN, Decision No. 34-23-CN/24
(Salzgitter Mannesmann International GmbH v. SEDEMI Servicios de Mecánica Industrial Diseño Construcción y Montaje S.C.C.)
ECUADOR 2026-1
The Constitutional Court examined Art. 42(5) of the Arbitration and Mediation Law of Ecuador – which provides that awards rendered in international arbitrations shall be enforced in the same manner as those arising from domestic proceedings – in the light of Art. 363 of the General Organic Procedural Code, according to which “homologated foreign arbitral awards” are subject to enforcement. Having premised that homologation (recognition) is not a merits review, the Court explained that the homologation requirement for foreign awards was tacitly repealed by the 2018 amendments to the General Organic Procedural Code. The Court also referred to Art. III of the New York Convention, finding that, since no homologation is required for domestic awards, no homologation can be required for foreign awards.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.