La nulidad de los laudos arbitrales por la falta de motivación por parte de los árbitros.

Abstract

Arbitration is an alternative dispute resolution method that was adopted with the 1998 Constitution within the Ecuadorian territory. Being recognized as such, we cannot avoid comparing the differences and similarities that occur within this process as in the Ordinary Justice. One of its main similarities is the ruling of sentences at the conclusion of the process, which is mandatory for the parties and entails obligations for one or both. As the judgment is a resemblance between both methods of conflict resolution, and as it entails obligations for at least one of the parties, we cannot help but wonder that these should meet a minimum standard at the time of issuance, in other words, they should comply with the requirements of the ordinary judgment. One of the main requirements is the motivation of the judge's decision. If this requirement is not met, we would be facing a clear violation of constitutional rights, since it is an attempt against legal security, and therefore it is appropriate to nullify such judgment. For this reason the judgments, being decisions that decide on the rights of procedural parties, must comply with the due legal motivation, so that those who trust in this system of conflict resolution, can obtain a satisfactory sentence for both.