Kluwer: Ecuador’s Constitutional Court and the UAE BIT: From Conditional Acceptance to a Structural Test of ISDS

Ecuador’s signing of the Ecuador‑UAE BIT has placed the Constitutional Court once again at the center of the country’s attempt to foster international investments. On March 30, the Constitutional Court approved the treaty and its ISDS mechanism, but imposed a significant condition: the exclusion of contractual and commercial disputes from the scope of the ISDS mechanism in the treaty.