El cumplimiento de la motivación como garantía del debido proceso en el arbitraje.

Abstract

In Ecuador, as there are in other countries on the region and even in other continents, there exist systems for resolving conflicts through self-composition and hetero-composition. An ideal example of self-composition solutions includes negotiation, mediation, or conciliation. As for the methods of the hetero-composition system, which is the focus of this research project, we can mention the ordinary justice system and arbitration. The latter mostly deals with cases of private law, distinguishing itself from the ordinary justice system in terms of its efficiency and agility in resolving the existing conflicts. While it is accepted that arbitration is a form of private justice, this does not exempt arbitration from complying with the minimum requirements demanded by our legal system of ordinary justice, which substantiate the decision of the arbitration tribunal regarding the subject of the dispute and the determination of the rights and obligations of the parties involved. Unfortunately, our current Arbitration and Mediation Law does not recognize motivation as an essential element in the content of the arbitral award. Hence, the arbitral award cannot be declared null and void due to lack of motivation, which poses a risk to the violation of due process between the parties.