Análisis conceptual de posibles reformas a la Ley deArbitraje y Mediación tras más de dos décadas desde su publicación

Abstract

After almost twenty years of the Arbitration and Mediation Law’s promulgation, the present work analyzes the main issues of arbitration as it has been regulated in Ecuador. In each section, the authors focus on demonstrating how the arbitration understanding within the Ecuadorian legal system disavows this institution’s evolution and features. Thus, the article contains a critique of the Ecuadorian arbitration procedure, including its starting method, the formalities of the arbitration agreement, the notion of arbitrability, the procedure rigidity, the grounds for arbitrators’ disqualification, precautionary measures, and the award annulment grounds. For each issue, the authors provide one or several proposals for a reform tending to a true recognition of arbitration as an autonomous alternative dispute resolution method, different from the rigid judicial procedure.