La eficiencia del procedimiento de ejecución en caso de incumplimiento de los Ludos Arbitrales

Abstract

This research is aimed at analyzing the efficiency of the procedures for the execution of arbitration awards during the years 2016, 2017, 2018 and 2019 in the Civil Judicial Unit of the North Judicial Complex of the city of Quito, Iñaquito parish, Quito canton, province of Pichincha. Methodologically, this research is theoretical, with a qualitative approach. Now, it should be detailed that to meet the proposed objectives it was necessary to access the database of the Northern Civil Judicial Unit of the Northern Judicial Complex to address the procedures for the execution of arbitration awards known by this instance during the years 2016, 2017, 2018, and 2019. It is concluded that once the arbitrator issues a ruling, he does not have the necessary powers to be able to enforce the award, having the benefited party make a request before a civil court that unfortunately are not expedited, violating the principle of procedural speed, Therefore, it is necessary that the necessary actions be taken to attend to such problems and allow those who have decided to solve their problems through arbitration, achieve its execution, through the same arbitrator who knew about the conflict. The National Assembly is recommended to place on the legislative agenda the discussion and debate of the legislative reform proposed here, to provide the arbitrator with imperium, promote compliance with the principle of speed and thereby lead to the efficiency of the procedures for the execution of the awards. arbitration.