Issues Not Submitted to Arbitration: Nullity for Jurisdiction or for Inconsistency

Abstract

This academic article addresses the action for annulment of arbitral awards in relation to causal d) of Article 31 of the Arbitration and Mediation Law of Ecuador, specifically in its first provision. This causal refers to "issues not submitted to arbitration" and has generated controversy due to the lack of clarity regarding its scope in both legal doctrine and jurisprudence. Some consider that it allows for the review of the arbitral tribunal's jurisdiction, while others interpret it as a causal limited to defects of inconsistency. The discussion is further complicated by the disparity of rulings issued by the President of the Provincial Court of Pichincha between 2017 and 2024, which has led to a lack of homogenization in the decisions. This situation highlights the need for a more precise analysis of the scope of the causal in question, in order to provide greater legal certainty in arbitration processes in Ecuador