¿Cabe el control constitucional en el arbitraje?.

Abstract

Constitutional Law has been expanding with great speed within the private sphere, trying to encompass arbitral law. Both institutions, given their nature belong to a different area, in such a way that arbitral law is circumscribed within the private sphere and constitutional law is circumscribed within the public sphere. Despite belonging to different institutions, the Constitutional Court of Peru has repeatedly stated the jurisdiction in the arbitration, granting powers to the arbitrators identical to that of the ordinary judges, and in this way their acts may be under the protection of the Constitutional Right. In Ecuador, the private nature of the arbitration institution has been recognized; however, the possibility has arisen that Extraordinary Protection Actions may be introduced against the possible violations of the fundamental rights by the arbitrators, opening such a large field, which could violate the nature and purpose of arbitration. The proposals of both the Constitutional Court in Ecuador and the Constitutional Court of Peru are vacuous, because it is not possible to understand why the actions of the arbitrators are similar to that of the judges, when the arbitrators have been removed from the imperium, the necessary power that judges possess to enforce their decisions.