El arbitraje internacional ecuatoriano y su necesaria Reforma Constitucional para incluir a países fuera de Latinoamérica.

Abstract

In the present degree work we will treat the most important aspects that comprise the international arbitration, its antecedents, characteristics, the diverse organisms that regulate it and the reasons about why its implementation in the national legislation is necessary. Although it is true, arbitration is a method of alternative conflict resolution, commonly applied in the Ecuadorian State; on the other hand, according to the Constitution of the Republic of 2008, there is a prohibition to exercise this way in the international arena, as specified in Article 422 together with other restrictions. So we will present several points to consider for a possible reform to the constitutional article mentioned in the previous paragraph, demonstrating the advantages that would be obtained by submitting to this mechanism in the international branch and how attractive the Ecuadorian State would become internationally for investors foreigners, at the moment of concluding their contracts with the nationals, including these arbitration clauses for the solution of future controversies. Analyzing the consequences that we have had in recent years due to the restrictions of the international arbitration of article 422 of the Constitution of the Republic of Ecuador, the obstacles that have been presented in international relations, in comparison to other countries of the region that do apply it and the speed with which the processes are developed.