Prórroga de la competencia del tribunal arbitral: ¿es posible en el ordenamiento jurídico ecuatoriano?
Year: 2025
Type: article
Abstract: Ecuadorian law establishes certain requirements to manifest the consent to arbitrate. There is a discussion on the nature of these requirements: are they ad probationem or ad solemnitatem? The importance of this discussion lies in the fact that the possibility of the tacit extension of the arbitral tribunal's jurisdiction depends on the nature of these requirements. The extension of jurisdiction consists of granting jurisdiction to a tribunal that in principle does not have it. In this sense, the possibility of a tacit extension of the arbitral tribunal's jurisdiction must be analyzed taking into consideration the requirements for the manifestation of the consent to arbitrate. This article analyzes the possibility of extending the jurisdiction of an arbitral tribunal in the Ecuadorian legal system taking into consideration the requirements and the standard for manifesting the willingness to arbitrate, the different types of competences and the possibility of reviewing the jurisdiction ex officio.
Source: USFQ Law Review
DOI: 10.18272/x9rbtz42
Author: Paula Isabel Zambrano Yépez
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410932186