Confidencialidad en el Arbitraje vs. Principio Constitucional de Legalidad de la Prueba (Art. 76, Inc 4 CRE).

Abstract

This study addresses the nature of the principle of confidentiality in arbitration, specifically in the Ecuadorian legal framework. It emphasizes that confidentiality is not intrinsic to the process, requiring express agreement of the parties, highlighting its contractual and discretionary nature. It focuses on the distinction between confidentiality and privacy, questioning its rigidity in relation to constitutional principles such as the legality of evidence. A hypothetical scenario is presented in which confidentiality could conflict with the legality of evidence. It highlights the flexibility of arbitration, allowing the parties to adapt the procedure, but stresses the need to align it with respect for constitutional guarantees. The research also addresses the extraordinary action of protection as a jurisdictional guarantee to claim constitutional violations, reinforcing the primacy of principles such as the legality of evidence in arbitration. In short, it offers a critical view of confidentiality in arbitration as opposed to constitutional principles such as the legality of evidence.