La jurisdicción arbitral, aproximaciones y críticas desde la jurisprudencia de la corte constitucional

Abstract

This research aims to analyze the legal nature of arbitral jurisdiction within the Ecuadorian legal system and determine the approach —whether jurisdictional, contractual, or other— that best elucidates its fundamental aspects. This analysis will be juxtaposed with the constitutional evolution of rights and guarantees to ascertain the compatibility of arbitration with constitutional rights, especially those concerning citizen dispute resolution, such as due process, effective judicial protection, and legal certainty, among others. Establishing a comprehensive and systematic understanding of the arbitral framework within Ecuadorian jurisprudence and law is imperative. This clarification is essential to address intricate cases in which the essence of arbitration is misconstrued, potentially leading to judicial inconsistencies. This task is particularly crucial for casuistic analysis, as a robust theory facilitates the resolution of these complex scenarios. The research has heuristic inputs related to the constitutionalization of law, legal doctrine, the Ecuadorian legal system, and the jurisprudential development of the Constitutional Court. Based on the legal problems to be addressed, this paper aims to explore the theory adopted by Ecuador concerning the legal nature of arbitration, verifying its compatibility with the development of constitutional rights and the practical implications of such convergence.