Emergency Arbitration Involving State Parties in Ecuador
What happens when, in a matter of days, an arbitrator can order the State to suspend administrative acts or the execution of guarantees? As is known, Article 4 of the Ecuadorian Arbitration and Mediation Law (LAM) authorizes the public sector to submit to arbitration under two critical conditions: the existence of a valid arbitration agreement […]
Mining Fee: A Potential Indirect Expropriation by the State?
The Mining Fee created by ARCOM not only has the unintended effect of deterring and discouraging the exploratory potential of the mining industry in Ecuador, but it also poses a potential threat to the vested rights of mining concessionaires. These vested rights can be found in the applicable Bilateral Investment Treaties (BITs) and in the […]