Ejecución de laudos arbitrales extranjeros en el Ecuador, cuya resolución es contraria a la legislación Ecuatoriana, en derecho privado

Abstract:

This research deeply analyzes the process, to execute a Foreign Award Arbitral, within the jurisdiction of the Ecuadorian state, since there is no clear legal framework to guide the process of enforcement of Foreign Award Arbitral. Beginning with what the background of a contract and a clause Arbitral consists of. It is acted on their own will and good faith, and fulfills the rights and obligations acquired, at the same time considering, analyzing and discussing what rights and laws are applicable to the arbitration agreement. What really stands out in the analysis of this research is the Legal Framework of the Ecuadorian State if it has advanced legislation or has yet to fill the loopholes. In Ecuador international treaties and conventions have the legal basis to supplement the regulatory loopholes therefore effectively solving the problems that arise with the implementation of foreign arbitral award, but a block still exists preventing the application of these international norms because of the public internal laws. A comparison of other more advance states framework laws refers to International Arbitral. I also present a proposal to fill the gaps found in the Ecuadorian legislation and that also complies and follows our principles and norms of our laws that are efficient, making it distinctive in comparison to alternative methods to the ordinary courts.

Año de publicación:

2015

Keywords:

• Derecho
• Constitución
• Jurisprudencia
• LEYES

Fuente:

rraae