Acciones procesales a plantearse ante sentencia en firme que declara la nulidad de laudo arbitral.

Abstract

In Ecuador, Arbitration is recognized as an Alternative Method of Conflict Resolution and due to its legal nature, the award, which resolves the controversy to which the parties have expressly submitted, is unappealable. Thus, on the decision of the arbitrators, no vertical resource can be submitted, only the extension or clarification resources can be raised. However, the legislator sought to protect the parties in the case of guarantees of due process and effective judicial protection, recognizing the Nullity Action as the tool to perform a legality control on the award, without forgetting that the objective errors examination in the judgment procedure does not pursue the analysis of the content of the arbitrators decision. The procedure to successfully go forward with the nullity action before the President of the Provincial Court is clearly established in the same Arbitration and Mediation Law, however, after the nullity of the award process is concluded, by judgment, it does not indicates the process to follow to make effective the decision of the President, whether or not the nullity of it has been declared, after this control of legality. Thus, in this paper, the current legislation is compared with other countries that have indicated that the actions must be taken in accordance with the grounds for nullity by which it is declared or not, the nullity of the arbitration process.