The regulation is divided into four segments. The first part regulates matters relating to Arbitration; the second part deals with Mediation; the third part regulates Arbitration and Mediation Centers, and the fourth part covers other methods for conflict resolution.

1. On Arbitration

In its first section, among the most relevant points related to arbitration, Article 1 develops the “Applicable Principles” for mediation processes. These include:
i) independence of Arbitration and Mediation Centers, and the obligation of State entities not to interfere with this independence; ii) rules applicable when the arbitration clause does not specify a center; iii) rules for interpreting the provisions of the Arbitration and Mediation Law and its regulation; and iv) the jurisdiction of the Tribunal to resolve issues not provided for in the Law or its regulation.

It also establishes rules for international arbitrations seated in Ecuador or abroad, as well as rules applicable to arbitrations involving the Ecuadorian State.

Article 6 outlines the scope of Arbitral Awards, which extends to: i) those who consented to arbitration; ii) those who seek to derive rights or benefits from the underlying transaction (e.g., successors, assignees); iii) administrative bodies that issued administrative acts.

Articles 8 and 9 regulate the application of Precautionary Measures in arbitral proceedings, including the conditions for requesting such measures and the circumstances in which they may be modified, suspended, or revoked.

Among the most important regulations are the “procedures and principles of the Action for Annulment”. The regulation establishes the rules and conditions required to file an annulment action against an arbitral award.

Finally, Articles 14 and 15 detail the procedure for enforcing both domestic and international awards.

2. On Mediation.-

The second section addresses mediation and sets rules for mediations in which the State participates. Its final part regulates the enforcement of national and international mediation agreements.

3. On Arbitration and Mediation Centers.-

Article 19 establishes the registration requirements for Centers, how to obtain such registration, and the guarantees of independence and self-regulation.

4. Other Alternative Methods of Dispute Resolution.-

The regulation also recognizes other alternative dispute-resolution methods agreed upon by the parties, “whether directly or by reference to a set of rules,” and the legal effects these agreements may have.