Preferencias académicas de los estudiantes de la Carrera de Derecho y su vinculación con los Objetivos de Desarrollo Sostenible (ODS) a través del estudio de sentencia

Abstract

Abstract: The Constitutional Court addressed a significant case concerning arbitration and mediation, highlighting the importance of respecting the competencies and procedures established by the Arbitration and Mediation Law. An extraordinary protection action was analyzed against a ruling that declared the nullity of an arbitration award, issued by the President of the Provincial Court of Pichincha. One of the key points in the Constitutional Court's analysis was the disregard for the rules established in Article 31, literal d, of the aforementioned law, which allows the parties to request the nullity of the arbitration award under certain conditions. The Court found that the decision made by the president of the Provincial Court exceeded the powers granted by the law, resulting in a violation of the right to due process and legal certainty. The concept of kompetenz-kompetenz establishes that the arbitration tribunal itself has the authority to decide on its own competence, and this principle was reaffirmed in this ruling. This implies that controversies that are subject to arbitration must be resolved by the arbitrator and not by judicial intervention.