Not exact matches
Enforcing
International Arbitral Awards Vis À Vis Ecuadorian General Organic Code of
Processes
His Lordship emphasised the importance of upholding party choice vis - à - vis the
arbitral process — irrespective of the fact that no party has any choice about whether to arbitrate, let alone decide the composition of the tribunal, when they contract with CSAT; some explain this on the basis that CSAT is a special case, being a tribunal of an
international organisation.
Key features of arbitration are set out below but in summary it is a
process whereby parties agree that their disputes will be resolved, in a final and binding manner capable of enforcement, not by the Court but by an independent (and often
international)
arbitral tribunal.
7 Art. 103, General Organic Code of
Processes (2015): The court judgments,
arbitral awards and acts of mediation issued abroad, whether or not they have been homologated and issued in an adversarial proceedings, will have in Ecuador the same treatment as they have in the current
international treaties and conventions -LRB-...).
Nevertheless, in Ecuador, with the enactment of the Ecuadorian General Organic Code of
Processes (GOCP) in 2015, the domestic rules of procedure require a new homologation
process prior the enforcement of
international arbitral awards.
In addition, this new homologation
process established in the GOPC represents a disadvantage for
international arbitral awards compared to domestic awards, reducing somewhat the effectiveness and development of
international arbitration in the country.
In his speech titled A New Contract between Arbitrators and Parties, Mr. Rivkin offers an analysis of the current situation, as well as suggestions for change aimed to improve time and cost efficiency in the
arbitral process; changes deemed valuable also to address current concerns and criticism of
international arbitration, not least in an ISDS context.
Prof. Benjamin Hughes will discuss the increasing complexity of the
arbitral process and how
international arbitration can resume its role as a more efficient method of resolving disputes.
His
international disputes practice focuses on cases involving one or more foreign companies, persons, or governments, as well as disputes involving other interests of foreign countries, such as enforcement of foreign judgments or
arbitral awards,
international discovery, and service of
process abroad.