The Possibility to waive the annulment of the arbitral award under the ecuadorian legal system

Abstract

The annulment of the arbitral award has been recognized as the procedural remedy for the review of the validity of the award under specific grounds determined by law. However, this review is foreseen to be executed by judicial bodies, which results in an inevitable interaction of ordinary justice with arbitration. This inevitability presents a distinction, as several foreign legislations have stated the possibility of excluding this control at the seat of arbitration and extend it to the seat of enforcement.

This leads to an uncertain discussion in those countries that have not established anything in this regard, such as Ecuador, since the waiver of this action could be prohibited by the law to the extent that it violates limits of public order. The Ecuadorian analysis indicates that the waiver, within this legal system, is feasible as long as it complies with a standard that, indeed, guarantees this control.