Procedencia de la ejecución de laudos arbitrales expedidos en el extranjero.

Abstract

In the present investigative work, we will carry out an in-depth analysis on the importance of the homologation of arbitration awards that have been issued abroad, because as will be explained later, the latest reform of the General Organic Code of Processes leaves us with a legal void about which is the homologation procedure, being that it eliminates the words Arbitration Award, without affecting article number 5 of the aforementioned normative body, which indicates the execution titles and among them is the duly approved foreign arbitration award. These are several laws in other countries that regulate the procedure, and it is with nothing that Ecuador is subject to comer international treaties that deal with the procedure for the approval of arbitration awards issued abroad. Thus, with this analysis, we will able to give or recommendation about which would be the best option to solve this legal problem that could violate rights such as due process, which is guaranteed by the Constitution of the Republic of Ecuador in 2008. For the correct accomplishment of this investigative work and to be able to fulfill our objectives, we will use the pertinent laws, as well as books of recognized doctrinaires that support our point of view to develop throughout this work.