Arbitral procedure: an alternative to ordinary justice

Abstract

The implementation of alternative conflict resolution mechanisms, such as arbitration, has been a response to the deficiencies and crises within the traditional justice administration system. The aim of this research is to highlight the significance of arbitration as a fast and alternative route to access justice in Ecuador. The study was qualitative, utilizing surveys and interviews with lawyers from the Santo Domingo canton. It considered the Ecuadorian Constitution, the General Code of Processes, and the Arbitration and Mediation Law. The findings indicate that arbitration represents an incomplete form of justice, as arbitrators are not granted the necessary jurisdiction to enforce their decisions.