El reconocimiento y ejecución de un laudo arbitral internacional dentro de la normativa ecuatoriana.

Abstract

The Recognition and Execution of an International Arbitral Award within the Ecuadorian law is a topic of great relevance in the domestic and international scope. In legal transactions and present international relations, the cross-border recognition of an international arbitral award is of essence and to that effect it is necessary to have a reasonable understanding of the circumstances on which Courts or Tribunals of a State will recognize and execute awards issued in another State. At this point, ordinary justice is present as it enjoys Imperium as part of jurisdiction. Domestic Courts, by virtue of, State sovereignty, have to decide the pertinence of the arbitral award for its recognition and execution in the State, granting or denying what is worldwide known as exequatur. In the preparation of this research work, the New York Convention of 1958 has been the main instrument for analysis and its application in the Ecuadorian legal system. The purpose of this Convention is to establish transnational rules to favor the free circulation of judgments or arbitral awards as well as to establish other regulations that can improve the efficiency of arbitration, and legal certainty, respecting the reality and tradition of States and their autonomy. With regard to the legal order, the Constitution of Ecuador (2018) recognizes arbitration as alternative dispute resolutions in matters that due to its nature may be subject to arbitration. It also recognizes treaties and international agreements as part of the constitutional hierarchy.