La falta de motivación del laudo arbitral como causal de nulidad.

Abstract

The Constitution of the Republic of Ecuador Arbitration recognizes Arbitration as an alternative method of conflict resolution. Therefore, the award product of the arbitration process must be in line with the guarantees established in the Constitution. One of these guarantees is the motivation of any decision in which the rights and obligations of citizens are determined. The Law of Arbitration and Mediation establishes the action of annulment of the arbitration awards, when one of the taxative grounds for annulment is configured. The Constitutional Court has issued some contradictory rulings regarding the grounds for annulment of the arbitration awards. These rulings put the parties that use the arbitration in an uncertain legal position. The judge in charge of resolving the nullity of the awards, is the President of the Provincial Court, of the territory where the arbitration was carried out. The various Presidents of the Provincial Courts, have not an uniform decision on the causes of nullity established in the Law, nor on the rulings issued by the Constitutional Court.