La renuncia a la acción de nulidad del laudo arbitral en el Ecuador.

Abstract

Arbitration as an alternative dispute resolution method is based on the party autonomy. Thus, the parties may agree, in the arbitration clause, whatever is more convenient for their interests and objectives, as long as this does not involve a transgression of principles or values of public order. Based on the contractual origin that characterizes arbitration, it is logical then to ask whether the parties involved could waive the right to annul an arbitral award that is issued in an arbitration proceeding and whether such agreement would be valid. The answer to this question, not being provided for in the Ecuadorian legal system, generates uncertainty among arbitrators and other legal personnel who do not know the real effect of an arbitration clause where the parties have consented to such waiver. In view of the need for a regulation in this respect, the present research work analyzes the applicability of the anticipated waiver agreement to the nullity action in international awards issued in Ecuador; and, on grounds that do not contravene social values or interests, specifically, in the event of non-observance of the procedure for the appointment of arbitrators as stipulated by the parties in the arbitration agreement as established in section e) of article 31 of the Arbitration and Mediation Law.