Arbitraje como soluciones de conflicto en concesiones e inversión de empresas en Ecuador.

Abstract

From the signing of contracts related to concessions and investment in Ecuador, there are difficulties that generate legal uncertainty for the parties when resolving disputes that may arise through arbitration, including those related to the costs of said arbitration. procedure, problems of interpretation of norms, and difficulties in the application of the contract and with the execution of the arbitral award, among others. The research is aimed at studying this means of alternative conflict resolution in the country. For its development, the general objective was drawn up to examine the national legal system related to the subject matter raised, its impact on national and foreign companies through the analysis of cases, the opinions issued by twenty-five experts from the application of a survey and the preparation of reports. a proposal for a settlement regime through arbitration. This was carried out through a doctrinal review, legal regulation, jurisprudence and comparative law. The methodology used has a mixed approach, combining a qualitative and quantitative study and is descriptive, retrospective and longitudinal. Likewise, research methods such as: case study, legal exegesis, comparative law, synthetic analytical and others were applied. As a result, the need to reform the Law of Arbitration and Mediation in force in article 42 was obtained, regarding the economic issue of arbitration focused on the protection of the rights of the parties.