Implementation of financial arbitration in Ecuador

Abstract

The alternative methods of conflict resolution determine the out-of-court procedure that allows finding the definitive solution to the disagreements between the parties, as a means of obtaining justice; they will legally establish legality, motivation, enforceability and linkage of the parties to the resolution. This comprehensive agreement may not always be complied with by the parties obliged to comply with it; Therefore, the need arises to optimize them, in order to achieve their full validity. The formulation of guarantees, we believe, ensures the validity of the transaction; since it is not enough to successfully exhaust optimal procedures and resolutions, but to generate efficient and effective execution supports. The legal analysis of alternative conflict resolution methods finds encouraging points of view, kind doctrinal conclusions, constitutional and legal recognitions about its evident applicability; However, our society has not supplanted the traditional submission of the jurisdictional sphere, questioning us the reason for its general non-application and its limitations; and, perhaps the greatest determination, where the disadvantages lie in the face of the predominant judicial jurisdiction. It corresponds to generate a methodological proposal that provides the system in question, alternatives for effective, efficient and guaranteeing action that conclude in a motivated manner, with characteristics of a sentence passed in last instance or res judicata with the capacity to sustain and execute itself, without venturing into judicial headquarters.