Examinando por Autor "Clavijo Calderón, Edgar Mateo"
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- ÍtemSolo MetadatosLas implicaciones que engloba la implementación del arbitraje de consumo en Ecuador(Universidad Católica de Cuenca., 2023) Clavijo Calderón, Edgar Mateo; Aguilera Crespo, Marcelo; 0107344301This academic research paper examines the primary implications that the implementation of consumer arbitration would have in Ecuador, starting from the purpose of consumer law, which aims to regulate the economic operator’s activity in relation to the vulnerable position of the consumer in consumer relations. The constitutional viability of consumer arbitration is also considered, evaluating the consti-tutional protection of the consumer and user, as well as the possibility of alignment with the current Constitution of Ecuador. Since the implementation of this specialized alternative method should lead to progress in exercising and protecting consumer rights, making it fea-sible, it means that the implementation of consumer arbitration should improve the vulnera-ble condition of the consumer. In that regard, the current state of arbitration in Ecuadorian legislation is briefly evaluated. This includes general parameters regarding its pursuit, an analysis of its nature in terms of compromise, the possibility of waiver, and the presentation of some theories about the legal nature of arbitration. Regarding the concept of arbitration as a specialized method in consumer matters, the rele-vant aspects representing advantages for consumers are discussed in more specific terms. These include less formality, faster proceedings, and improve procedural efficiency. Addi-tionally, a possible institutional structure for establishing consumer arbitration is outlined, considering the Superintenndencia de Control del Poder de Mercado. On the other hand, the implementation of consumer arbitration in Spain and Argentina legis-lation is evaluated from a comparative law perspective. This is mainly done to analyze the institutional framework under which this mechanism operates in other countries.