La acción de nulidad del laudo arbitral como límite a la independencia jurisdiccional.

Abstract

The Constitution recognizes arbitration as an alternative dispute resolution method. Also, in the legal system jurisdictional powers are granted to arbitrators, within the limits of their powers. In addition to the clarification and extension, the application for setting aside is an exclusive recourse against an arbitral award. This action is not known by the arbitrators but takes the arbitration process to an organ of the judicial function: the president of the Provincial Court. In recent years, it has been proven that in the Ecuadorian judicial system there have been acts of corruption, both by public factors (political interference) and private factors (economic interference by individuals in decisions). The purpose of this academic work is to answer the question if the knowledge of the set aside procedure, on the part of a member of the judicial function is a limit to the jurisdictional independence.