Novedades Jurídicas, the legal supplement of El
Comercio, publishes an article by our Senior Associate Ramón
Paz y Miño and our Associate Mateo Zavala in which they
explain the contractual unforeseenness arising from the health
crisis caused by Covid-19. In the "new normality", the
dispute resolution clauses incorporated in contracts will be
triggered in the absence of agreements and, therefore, ordinary
justice or arbitration will be used.
"In recent decades, the theory of unforeseeability –
which is an ideal mechanism for facing adverse effects in the
execution of contracts – has acquired greater importance and
relevance in the legal world, with the exception of Ecuador, where
little or nothing has been said on the matter," our lawyers
put into context in their article.