Arbitraje estatutario : antecedentes, alcance y aplicación en el Ecuador.

Abstract

Arbitration is one of several alternative methods of conflict resolution that exist in the legal field, this method is increasingly used for the resolution of conflicts generated in different areas of law, this mechanism is currently being applied to resolve the conflicts that arise within a company, with the implementation of arbitration clauses within the bylaws of a capital company, these clauses are known as statutory clauses. These statutory clauses raise doubts about how extensive the scope of the clause could be against persons who, although they maintain legal relations with the company whose social statute is embodied in said clause, have not signed any agreement in which they express their willingness to submit to an arbitration in the event that any conflict involving the company that has the statutory clause is generated, then could this clause be extended to those who did not sign any arbitration agreement? Is it feasible to apply the statutory arbitration within the Ecuadorian territory since this has not been recognized in any regulation within our legal system?.