El arbitraje en línea en el Ecuador: análisis jurídico-procesal bajo el COGEP

Abstract

Abstract: This study analyzes online arbitration in Ecuador from a legal and procedural perspective, based on a systematic examination of the Constitution of the Republic of Ecuador, the General Organic Code of Processes, and the Arbitration and Mediation Law, in conjunction with arbitration center regulations and international doctrine. The research assesses the legal feasibility of using telematic means in arbitral proceedings and examines their implications for due process, the right to defense, digital evidence, and legal certainty. Through an analytical and comparative approach, the study identifies existing regulatory gaps within the Ecuadorian legal system and evaluates the role of party autonomy in the implementation of online arbitration. As its main contribution, the research proposes normative and institutional guidelines aimed at strengthening online arbitration and ensuring its compatibility with constitutional principles governing the administration of justice in Ecuador.