Nulidad del laudo arbitral en el Ecuador.

Abstract

In this work we will study the essence of arbitration law, the correct definition between arbitral award and judgment, we will review the reform that exists in the Arbitration and Mediation Law on whether the nullity of the arbitral award is called action or resource, the theories of arbitration will be analyzed, the procedure that must be followed to the nullity of the arbitral award. Arbitration is an optimal mechanism for conflict resolution, in which an individual who does not intervenein the process as a judge of ordinary justice, resolves disputes susceptible to compromise where the decision is reflected through an arbitral award, The same that can be declared null and void with differences in the declaration of nullity in judgment, this mechanism is used for its agility, and for the coercive force of the award, since it provides security to the parties involved and allows them to demand compliance with the resolutions of the arbitral tribunal. The main questions that will be developed throughout the investigation must be answered: Why is there a different procedure between the judgment and the nullity of the award? Is the nullity of the arbitral award anaction or an appeal?