Procedimiento para la sustanciación de la acción denulidad del laudo arbitral en el Ecuador.

Abstract

Arbitration is presented as an alternative method of conflict resolution. The parties know in advance to the arbitration procedure the rules by which it is governed. For this, the parties know the non-appealability of the arbitral award; unlike what happens with the judgment of first instance obtained in a process of knowledge. The arbitration award is unappealable and is only susceptible to the horizontal resources of clarification and extension. The Ley de Arbitraje y Mediación provides that in case the arbitration award is invalid; the parties can exercise the nullity action. The art. 31 of the Ley de de Arbitraje y Mediación establishes brief procedural rules on the substantiation of this action. In addition, the LAM provides that the rules of the ordinary procedural law are applicable in what is not described by it. Therefore, since the creation of the LAM there has been controversy about what are the rules of the ordinary procedural law that can be applied to the nullity action.