Principio de autonomía de la voluntad y responsabilidad de los árbitros : un análisis a la luz del reglamento a la ley de arbitraje y mediación.

Abstract

Arbitration is an alternative dispute resolution method for controversies that may arise between parties. The process can be conducted by an Arbitral Tribunal or a Sole Arbitrator depending on the way in which the arbitration clause was agreed upon between the parties. The main focus then is to understand if the arbitrators have responsibilities, and if so, which types do they have, because regarding legal doctrine they have contractual responsibility regarding the receptum arbitri contract. The purpose of this research then is to address the responsibility of arbitrators within the expansion of arbitration processes and how such responsibility is processed within the Ecuadorian legal system. The analysis of this research is focused from the following point of view, the responsibility of the arbitrators within an arbitral proceeding; this explanation will lead us to be able to develop article 7 of the Arbitration and Mediation Law Regulation issued in 2021.