Arbitration Awards: When Can They Be Challenged Through Constitutional Action In Ecuador?

A few days ago, the Constitutional Court of Ecuador ("CCE") issued two decisions by which it clearly establishes the rule that will be applied in cases of constitutional extraordinary protection actions against arbitration awards.¹

Ecuador's Constitution, in force since 2008, created the possibility to resort to the CCE through the extraordinary protection action, when judgements (including arbitral awards) breach constitutional rights. Since 2008, several arbitration awards have been challenged before the CCE alleging violations of constitutional rights, such as lacking of due process. In some instances, such actions were filed before or after the ordinary procedure of annulment of arbitration awards provided in the Arbitration and Mediation Law ("LAM") have taken place, creating uncertainty about the procedure and timing to challenge an arbitration award.