La cláusula arbitral en el contrato de constitución.

Abstract

Arbitration is an alternative mechanism used to end conflicts that are or may be susceptible to transaction. In Ecuador, the arbitration system has reached a high degree of acceptance regarding the resolution of conflicts that occur in the different areas of law. In this regard, the application of an arbitration clause in company contracts would generate a great impact whenever it is needed to solve disputes that may arise between the members of a company, such as shareholders or partners, as well as its administrators and legal representatives. Consequently, the incorrect implementation of an arbitration clause within a company constitution contract can cause confusion regarding those who are obliged to submit to arbitration in case that a conflict arises, involving any member of the company. Therefore, it will analyzed the scope of this compromissory clause called arbitration clause.