Interacción jurisdiccional en Ecuador: análisis del conflicto y la jurisdicción entre tribunales estatales y arbitrales con énfasis en el principio kompetenz- kompetenz

Abstract

This article examines the conflict between state courts and arbitral tribunals in Ecuador, focusing on the principle of Kompetenz-kompetenz. This principle grants arbitral tribunals the authority to decide on their competence, even in parallel disputes with state courts. In Ecuador, the coexistence of both jurisdictional systems has generated legal tensions. The analysis focuses on the application and challenges of the Kompetenz-kompetenz principle in this context through the study of relevant cases and legislative review. The article aims to provide a clear understanding of the practical implications of this principle in the Ecuadorian legal system, identifying areas of conflict and reflecting on its interpretation and future application. In this context of coexistence between state courts and arbitral tribunals in Ecuador, the Kompetenz-kompetenz principle is a fundamental axis, granting arbitral tribunals the power to adjudicate on their jurisdiction, including in parallel disputes with state courts. However, this dynamic has generated significant legal tensions, which are explored in detail in this analysis through examining relevant cases and a comprehensive review of the relevant legislation.