Ecuador: International Trade & Investment

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Article
Choice-Of-Law Clause On Distribution Contract Upheld
In an action filed by Andina Licores S.A. (“Andina”), an Ecuadorian corporation, against E & J. Gallo Winery (“Gallo”), one of the largest wineries from California, the Second Civil Court of Guayaquil found that it lacked jurisdiction to hear the dispute because both parties had agreed in their distribution contract that their controversies must be heard by a California court and in accordance to California law.
Ecuador Commercial
CP
Coronel & Pérez Abogados
Article
Oil Production VAT Claims Rejected
To avoid the exportation of indirect taxes, Article 69(a) of the Internal Tax Regime Law recognizes the right to a refund for value added tax (VAT) paid on the importation and local acquisition of goods and services used for the production of export goods. Based on this legal provision, companies with upstream contracts have claimed from the Internal Revenue Service a refund of the VAT paid on the production of the oil they produce and export.
Ecuador International
BB
Bustamante & Bustamante
Article
Anti-counterfeiting in the Republic of Ecuador
Despite the existence of national and Andean Community legislation protecting intellectual property rights as well as the adhesion by Ecuador to key international conventions on intellectual and industrial property rights, such as the Agreement on Trade-Related aspects of Intellectual Property (the TRIPS Agreement), Ecuador remains one of the countries in the region with the most prolific rates of piracy.
Ecuador Finance
BB
Bustamante & Bustamante
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