Alternate Dispute Resolution Law at Ecuador
Alternate Dispute Resolution (ADR) in Ecuador is governed by a legal framework that promotes the use of mechanisms like arbitration, mediation, and conciliation to resolve disputes outside the formal court system. Here's an overview of the key aspects of ADR law in Ecuador:
⚖️ Legal Framework for ADR in Ecuador
Constitution of Ecuador (2008)
Recognizes ADR as a means of accessing justice (Article 190).
Promotes arbitration, mediation, and other methods as legitimate and equal alternatives to judicial resolution.
Organic Code of the Judicial Function (Código Orgánico de la Función Judicial)
Establishes the structure and functioning of the judiciary.
Encourages mediation as a primary method for resolving disputes.
Law of Arbitration and Mediation (Ley de Arbitraje y Mediación) – 1997 (amended)
This is the main statute governing ADR.
Covers procedures, qualifications of arbitrators/mediators, institutional and ad hoc arbitration, and enforcement of awards.
🛠️ Types of ADR in Ecuador
Mediation
Voluntary and confidential process.
Can be used in civil, commercial, family, and labor matters (except criminal cases).
Mediation agreements are legally binding and enforceable.
Arbitration
Often used in commercial and investment disputes.
Allows parties to choose arbitrators.
Arbitral awards are final and binding, with limited grounds for annulment.
Conciliation
Similar to mediation but often conducted under the supervision of a judge or official.
Frequently used in labor and civil disputes.
🏛️ Institutions Supporting ADR
Judicial Council (Consejo de la Judicatura) – promotes and regulates mediation centers.
Chambers of Commerce (e.g., Quito, Guayaquil) – provide arbitration and mediation services.
Center for Arbitration and Mediation of the Ecuadorian-American Chamber of Commerce (AMCHAM).
🌐 International Treaties
Ecuador is a signatory to the New York Convention (1958) – facilitates the recognition and enforcement of foreign arbitral awards.
Also a party to the Inter-American Convention on International Commercial Arbitration (Panama Convention).
RELATED Blog
0 comments