Analysis of arbitration and the legal relationship with the General Organic Code of Processes (COGEP)

Abstract

Introduction: The arbitration rules in Ecuador are insufficient to make the process effective with respect to the General Organic Code of Processes. Objective: Relate the arbitration process and the provisions of the COGEP. Methodology: To meet the proposed objective, the descriptive, historical methodology with a mixed approach (qualitative, quantitative) was applied, with the support of the bibliographic review and the application of a questionnaire to free practicing lawyers in Cuenca. Results: It resulted in finding that the arbitration procedure is known, the favorable similarities and differences that detract from the purpose for which the arbitration was created, highlighting the need to motivate the creation of its own rules in this procedure. Conclusion: By not finding the appropriate way to clearly regulate arbitration procedures, the purpose is at risk, because it would not serve as a mechanism that guarantees the effective protection of rights in this mediation alternative.