El problema de la corrección en el arbitraje en equidad : una propuesta de modelo prescriptivo.

Abstract

The Ecuadorian arbitral regime establishes two possibilities for the content of its decisions: (i)foundation in Law, based on legislative, jurisprudential and doctrinal premises; and (ii) an argument inspired by Equity, where general standards such as fair 'knowing and understanding' and reasonable evaluation are combined. It is this last criterion, of apparent ethical and philosophical inspirations, that engraves within the Arbitration a greater normative relevance, insofar as the arbitral law defines it as the default resolution modality. However, contrary to the normative relevance of the mechanism ex aequo et bono, its dogmatic development has been very limited, to this extent the present study is intended to shape a prescriptive model of fair awards, by means of which a liberal thesis of arbitration in Equity is defended, by using the principle of economic efficiency and the transaction costs.