Aspectos básicos para la creación de una teoría general de impugnaciones a efectos del control del laudo arbitral.

Abstract

Arbitration is an alternative mechanism of globally recognized conflict resolution that is gaining more followers in the benefits provided by the institution for the resolution of conflicts. The way in which this mechanism normally ends is with the issuance of an arbitral award by the arbitral tribunal that substantiates the proceeding. The Constitution of the Republic of Ecuador and the lower hierarchy recognize it as such. Within the framework of a constitutional State, there must be conformity with the Constitution and with the legal regulations of lower hierarchy, so there are mechanisms for controlling the arbitration award, which is exercised by judges of different rank, within the framework of the Constitution, the constitutional control is exercised through the extraordinary protection action, an in legal terms the control is exercised by the Presidency of the Provincial Courts of Justice. Both forms of control are complex, because in the framework of legality the legal control has been questioned regarding the procedure to be followed to carry it forward, as the resources that admit the decisions, to effectively admit them. In the framework of constitutionality, the origin of the extraordinary protection action is questioned. This research seeks to establish the basic aspects for the creation of a general theory of challenges in arbitration matters.