Aplicación de medidas cautelares en el proceso arbitral ecuatoriano
A study on the application of cautionary measures in arbitration proceedings in Ecuador was performed in order to analyse the advantages presented in Article 9 of the Law of Arbitration and Mediation, one of its most controversial, given that this article confers certain authoritative power to the a...
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| Format: | bachelorThesis |
| Język: | spa |
| Wydane: |
2011
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| Hasła przedmiotowe: | |
| Dostęp online: | http://dspace.udla.edu.ec/handle/33000/270 |
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Dodaj etykietę | Streszczenie: | A study on the application of cautionary measures in arbitration proceedings in Ecuador was performed in order to analyse the advantages presented in Article 9 of the Law of Arbitration and Mediation, one of its most controversial, given that this article confers certain authoritative power to the arbitrators by virtue of which they may issue and enforce cautionary measures provided that the parties have agreed so in the arbitral agreement. Such power to issue and enforce cautionary measures was always exclusive to judges. However, it is important to identify the points in the proceedings in which ordinary justice can be resorted to in order to request the ruling of cautionary measures without the need to waive the arbitral agreement, making this, therefore, a concurrent power of arbitrators and judges. Furthermore, the various international agreements signed and ratified by Ecuador were reviewed. This has been undertaken with the aim of identifying the existence of vacuums in the legal regulations governing arbitration proceedings and finally making a proposal which, through a reform to the law, strengthens the development of arbitration proceedings and their outcomes |
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