ResolveDisputeswithout losing the business.
We support your company in domestic and international mediations and arbitrations, from drafting the arbitration clause to enforcing the arbitral award. We pursue faster, more confidential solutions than litigation, without losing sight of your interests.
A commercial dispute does not always have to end in lengthy litigation. Choosing the right path protects your money, your time and your relationships with clients, partners and suppliers.
From disagreement to an enforceable solution.
Every dispute calls for a different route. This is the path we follow with your company to choose the right mechanism and see it through to the end.
- 01
Dispute analysis
We review the contract, the dispute resolution clause, the available evidence and what is at stake for your company.
- 02
Strategy
We clearly explain your options: direct negotiation, mediation or arbitration, with their timelines, costs and risks.
- 03
Mediation
We prepare your team and accompany you at the hearings to seek a settlement recorded in a binding mediation agreement.
- 04
Arbitration claim or defense
If no agreement is reached, we file the arbitration claim or answer the one brought against you, with the necessary evidence and expert witnesses.
- 05
Hearings
We represent your company before the arbitral tribunal, with arbitrators who specialize in the subject matter of the dispute.
- 06
Enforcement of the award
We manage compliance with the arbitral award or mediation agreement and, if the award is foreign, its recognition in Ecuador.
Tailored solutions for every dispute.
We combine litigation experience with our own methodology and artificial intelligence tools to manage every case in an orderly and timely manner.
- Prevention
- 01
Arbitration and mediation clauses
- 02
Dispute prevention
- Mediation
- 03
Mediation advice and support
- Arbitration
- 04
Arbitration claims and defenses
- 05
Representation at arbitration hearings
- Enforcement
- 06
Recognition and enforcement of awards
Arbitration and mediation clauses
We draft and review the dispute resolution clauses in your contracts so that, if a dispute arises, the path is clear from the outset. We work hand in hand with our Corporate Law practice.
- Choice of institution and rules
- Seat, language and number of arbitrators
- Mandatory prior mediation
Dispute prevention
We identify contracts and relationships at risk of conflict early on and propose measures to resolve them before they escalate.
- Contract review
- Direct negotiation
- Settlement agreements
Mediation advice and support
We prepare the strategy, the numbers and the arguments, and accompany your team at every mediation hearing.
- Hearing preparation
- Settlement proposals
- Review of the mediation agreement
Arbitration claims and defenses
We prepare the claim or the answer with a sound strategy, documentary and expert evidence, and a case theory from day one.
- Claim and counterclaim
- Answer and defenses
- Evidence and expert reports
Representation at arbitration hearings
We defend your company before domestic and international arbitral tribunals, with lawyers trained in oral advocacy.
- Domestic arbitration
- International arbitration
- Closing arguments and examinations
Recognition and enforcement of awards
We manage the enforcement of domestic awards and the recognition in Ecuador of awards issued abroad, so that the decision turns into payment, with the support of our Debt Recovery practice.
- Enforcement of awards
- Foreign awards
- Measures to secure collection
Faster, more confidential.
Mediation and arbitration make it possible to resolve disputes in less time than litigation, confidentially and before specialists in the subject matter. When no agreement is reached, the arbitral award is binding on the parties.
A Dubai multinational and USD 2,208,272.82 at stake.
We represented a multinational seafood trading company against an Ecuadorian company that defaulted on payment under a sale of fishery products. The mediation concluded with recognition of the amount owed plus statutory and default interest.
Shorter timelines
Faster proceedings than the ordinary courts.
Confidentiality
The dispute is not aired in public.
Preserves relationships
Clients and partners can keep working together.
Control over the outcome
In mediation, the parties decide the settlement.
Specialized arbitrators
Experts in the subject matter of the dispute.
Flexible proceedings
Rules tailored to each case.
International reach
Arbitrations and awards involving other countries.
AI-powered management
Proprietary tools to keep every case organized.
One team, one point of contact.
Initial meeting
We listen to your situation in full confidence and review the information available.
Assessment
We identify risks, outstanding obligations and priorities for your company.
Plan and budget
We propose the roadmap, timeline and team, including any other practice areas of the firm that need to be involved.
Execution and follow-up
A lead lawyer coordinates everything and keeps you clearly informed at every step.
Six consecutive years in Band 1.
Leaders League has ranked Fexlaw in the top band for Criminal Law and Compliance in Ecuador for six years running. Chambers and Partners and the intellectual property rankings also recognize us for our anti-piracy work.
The people behind behind your strategy.
Trial lawyers with experience in mediation, arbitration and civil proceedings, who work alongside the firm's other practices when the dispute requires it.
Estupiñán BarrantesManaging Partner · Corporate Criminal Law and ComplianceView profile →
Practice lead
What clients often ask us.
General answers to common questions. Every company is different: write to us so we can review your situation.
01What is the difference between mediation and arbitration?
In mediation, a mediator helps the parties reach an agreement, but the decision is theirs. In arbitration, an arbitral tribunal hears the parties and issues a binding award. Many companies try mediation first and, if no agreement is reached, proceed to arbitration.
02What legal effect does a mediation agreement have in Ecuador?
Under the Arbitration and Mediation Law, a mediation agreement recording a settlement has the effect of a final, binding judgment (res judicata) and can be enforced if one of the parties fails to comply with its terms.
03Can an arbitral award be appealed?
No. Arbitral awards are not subject to appeal. The only remedy is an action to set aside on specific grounds provided by law, such as defects in service of process or when the tribunal ruled on matters not submitted to arbitration.
04Can an award issued in another country be enforced in Ecuador?
Yes. Ecuador is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. A foreign award must go through a recognition proceeding before it can be enforced in the country.
05What if my contract has no arbitration clause?
The parties can agree to submit to mediation or arbitration after the dispute arises. If they do not agree, the case proceeds before the ordinary courts, where we can also assist you through our Civil Law practice.
Let's talk about
your dispute.
Choose the option that best describes your situation and we will message you directly on WhatsApp to book a confidential initial meeting.
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