La validez del convenio arbitral frente a la justicia ordinaria. Análisis del caso N.º 1010-18-EP - Sentencia N.º 1010-18-EP/23

Abstract

To this end, Judgment No. 1010-18-EP/23 of the Constitutional Court of Ecuador, resolves an extraordinary action of protection filed in a case of breach of contract where an arbitration agreement is declared ineffective by the ordinary courts. But doubts arise as to whether the analysis of the arbitration agreement by the ordinary courts goes against the principle of kompetenz - kompetenz and the right to due process. The objective is to analyze whether the review of the validity of the arbitration agreement by the ordinary courts violates the principle of kompetenz kompetenz and the right to due process, identifying its legal implications.