Implementación del arbitraje de emergencia en Ecuador.

Abstract

Before starting the arbitration process, any of the parties may request urgent precautionary measures, which cannot wait for the constitution of an arbitral tribunal, in order to avoid an abusive execution, maintain the status quo, protect information or preserve evidence. The emergency arbitrator appointed by the Arbitration Centers to issue precautionary measures to prevent these situations. The Court of Arbitration of the International Chamber of Commerce welcomed this figure in 2012. In Ecuador, on August 18, 2021 through Decree No. 165, the regulation was issued to the Arbitration and Mediation Law and precautionary measures implemented. This paper aims to carry out an analysis of the application of Emergency Arbitration within the Ecuadorian legal system, in light of Decree No. 165 issued by the current Constitutional President of the Republic, Guillermo Lasso Mendoza.