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ECUADOR 3
Corte Constitucional del Ecuador, 9 May 2024, Case No. 3232-19-EP, Decision No. 3232-19-EP/24
(CW Travel Holdings N.V. v. Seitur Agencia deViajes y Turismo Cía. ... Read more
Corte Constitucional del Ecuador, 9 May 2024, Case No. 3232-19-EP, Decision No. 3232-19-EP/24
(CW Travel Holdings N.V. v. Seitur Agencia deViajes y Turismo Cía. LTDA.)
ECUADOR 3
The Constitutional Court held that foreign awards no longer need to be recognized (homologated) in order to be enforced in Ecuador, after the relevant provisions of the General Organic Code of Proceedings – Arts. 102-106 – were repealed. A remaining reference to the homologation requirement in Art. 365 of the Code must be deemed to have been tacitly repealed, because the legal system has to be assessed as a whole. Further, this interpretation is consistent with Art. III of the New York Convention, which provides that contracting states cannot impose substantially more onerous conditions on the enforcement of foreign awards as compared to domestic awards, for which Ecuadorean law does not require homologation.
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.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.