The prohibition to submit to international arbitration in case of disputes arising from the subscription of international instruments generates an environment of instability for foreign companies wishing to invest in Ecuador. This article addresses the problems related to the interpretation and application of article 422 of the Constitution of Ecuador. Through a qualitative approach, it analyzes whether this clause meets the parameters to qualify whether it has fallen into disuse and, if not, whether the limitation to submit to arbitration to international jurisdiction is absolute. Finally, the possibility of a flexible interpretation that allows Ecuador to sign international investment treaties that are subject to international arbitration tribunals is analyzed.
Published in: Díkaion, Universidad de la Sabana, VOL. 30 NO. 2 (2021)
María de los Ángeles Arias Murrieta
María de los Ángeles Arias MurrietaAlumnus of the Master's Degree in Law, mention in Business Law, UEES Graduate School of Law.
