Answer ... Once it has been recognised, a foreign judgment becomes res judicata and thus enforceable in Ecuador. It may then be enforced through what is called an ‘execution process’, which consists of “the set of procedural acts to enforce the obligations contained in an enforcement title” (Article 365).

Ecuadorian law recognises in certain titles the intrinsic capacity to be enforced, including national and foreign arbitral awards, and foreign judgments and mediation agreements that have been duly recognised.

In such cases the competent court – which is the court at the place where the defendant is domiciled – will intervene directly in the enforcement, which consists of the realisation or specific application of the provisions of the foreign judgment.

Answer ... No. If a party was not a party to the foreign litigation in which the judgment was handed down, the judgment cannot be enforced against it in Ecuador.