Análisis del juicio de nulidad de laudo arbitral, desde la violación de trámite prevista en el COGEP y en la Constitución.

Abstract

This paper will analyze arbitration from several aspects, that is, first analyzing the institution of the ADR system, from its self-compositive and heterocompositive methods, then it will analyze arbitration as a heterocompositive method, from its precedent worldwide, and then it will set the background in Ecuador, likewise, it will indicate brief outlines of the stages of an arbitration process, until the award is reached. Before an award, the actions that can be brought against it will be analyzed, among them the trial of nullity of the arbitral award, its causes, and the incidence of those nullities in accordance with what is established in the General Organic Code of Processes, and our Constitution of the Republic, in which guarantees of due process are established, which, if they are omitted within an arbitral process would lead to nullity, even if the law does not establish it, due to the superiority of the Constitutional norm.