La extensión del convenio arbitral a partes no signatarias dentro del marco jurídico ecuatoriano.

Abstract

Arbitration is an alternative dispute resolution method recognized by our Constitution which is increasingly used inside the country and around the world. However, the subject of debate between the experts in this branch of law is the extension of the arbitration clause to nonsignatories. As a consequence, two positions had been created: a restrictive position, in which the arbitration clause can't be extended to non-signatory parties; and a flexible position that allows the arbitrators, after analyzing the conflict, to extend the arbitration clause to parties who consent the agreement without a sign on the contract because the play a verify role in the dispute. In Ecuador, there does not exist a clear position about the possibility of applying different theories with the finality to extend the arbitration clause to non-signatories. Nevertheless, the new legal regulation of the Ecuadorian arbitration and mediation act published in 2021 constitutes a first formal step for changing the paradigm of arbitration inside the country.