Acción de nulidad del laudo arbitral, entre acción y recurso : análisis jurisprudencial del arbitraje.

Abstract

The research paper at hand elaborates on the action for annulment of arbitral awards and their role in arbitration as an alternative method of conflict resolution with jurisdictional power, duly recognized by the Constitution of the Republic of Ecuador. Additionally, it’s divergence upon its exhaustion prior to the filing of an Extraordinary Action for Protection, as a mechanism for reviewing violations of constitutional rights in arbitral awards is thoroughly put forth; while also developing an analysis on diverse constitutional judgements that distorted, interpreted and extended the application of the grounds for annulment. Then, a brief study is carried out on the jurisprudential line of the Constitutional Court that ratifies the taxativity of the grounds for annulment and the direct application of Extraordinary Actions for Protection against Arbitral Awards.