El arbitraje como mecanismo idóneo para resolver conflictos en materia societaria.

Abstract

Arbitration, as an alternative dispute resolution mechanism, acquired its greatest development in the field of trade relationals. In corporate matters, specialized arbitration is presented as an effective tool that can be accessed by the partners or shareholders of a company, in case of internal conflicts, without the need to resort to ordinary justice to resolve their disputes. In this paper, the option of arbitration will be analyzed as one of the alternative methods of conflict resolution that, according to the proposed hypothesis, would be suitable for the resolution of disputes in corporate matters. Likewise, in this investigative effort, it will be sought to make concrete approaches that allow positioning corporate arbitration and, therefore, promote the incorporation of arbitration clauses in the statutes of capital companies, which will also allow decongesting legal traffic in Ecuadorian civil and commercial courts.