Análisis del arbitraje y la relación jurídica con el Código Orgánico General de procesos (COGEP)

Abstract

After observing that the arbitration rules in Ecuador are insufficient to make the process effective with respect to the General Organic Code of Processes, the article relates the arbitration process and the provisions of COGEP, for which, I apply the descriptive, historical methodology with mixed approach (qualitative, quantitative), with the support of the bibliographical review and the application of a questionnaire to lawyers in free practice of Cuenca, which resulted in finding that the arbitration procedure is known, the favorable similarities and differences that detract from the purpose with which arbitration was created, highlighting the need to motivate the creation of own rules in this procedure. This, it is concluded that by not finding the right way to clearly regulate arbitration procedures, the purpose is at risk, because it would not be a mechanism that guarantees the effective protection of rights in this mediation alternative.