La ejecución de las medidas cautelares : su duda en la práctica.

Abstract

The author carries out a study about the execution of precautionary measures in the arbitration practice in Ecuador, in order to analyze the prescriptions of the Arbitration and Mediation Law (Ley de Arbitraje y Mediación, in Spanish), with special attention to what is contained on its ninth article which provides the arbitrators or tribunal -according the particular case) to grant precautionary measures and execute them. This study is an effort to vanish the doubt about the real reach of this legal orders. Controversy arises when, as many authors maintain, the idea of precautionary measures are, according to history, a faculty reserved, exclusively, to the judges; which are the ones who are called to solve lawsuits. Nevertheless, the evolution of arbitration (as a legal institution, including those other many institutions that conforms it), has brought with it the incorporation of certain aspects and faculties that, lately, used to be considered as exclusive for judges. Hence, appears like a really important and practical task, is necessary to distinguish the moments within the arbitration process, including the possibility of coming to ordinary judges to execute a precautionary measure granted by an arbitrator; or, in other cases, to ask a judge, straightly, to grant them without meaning a renounce of the arbitration agreement.