More than 160 legal opinions reached the Constitutional Court regarding the investment agreement with the United Arab Emirates
Over 160 amici curiae have submitted their opinions to Ecuador's Constitutional Court concerning the Bilateral Investment Treaty with the UAE, focusing on its constitutionality.
Ecuador's Constitutional Court has received over 160 amici curiae submissions both supporting and opposing the signing of a Bilateral Investment Treaty (BIT) between Ecuador and the United Arab Emirates. These submissions are intended to provide technical and legal perspectives on the treaty's constitutionality. The BIT, signed by President Daniel Noboa on December 6, 2025, aims to promote and protect investments in both territories for a duration of ten years, but has drawn significant scrutiny due to its provisions for resolving potential disputes through international arbitration.
The core of the debate revolves around the treaty's dispute resolution mechanisms, which some argue undermine national judicial sovereignty. According to the filed briefs, at least 165 amici curiae are urging the judges to declare the treaty unconstitutional, contending that it requires a pronouncement from the National Assembly. This position is based on claims that the treaty violates Article 422 of the Ecuadorian Constitution, which governs certain aspects of international treaties and their approval process.
The implications of this case are significant, not only for Ecuador's foreign investment landscape but also for its judicial system and constitutional framework. If deemed unconstitutional, the agreement could be nullified, which would impact existing and prospective foreign investments. This situation highlights the tension between fostering international investment and adhering to domestic legal standards, which could influence future treaties and relationships with other nations.