CREACIÓN DE UN FONDO ESPECIAL PARA FINANCIAR LOS COSTOS DEL ARBITRAJE INTERNACIONAL EN LA RESOLUCIÓN DE DISPUTAS EN CONTRATOS DE ALIANZAS PÚBLICO-PRIVADAS EN ECUADOR

Abstract

International arbitration is a dispute resolution method in which parties from different countries agree to submit their conflict to a neutral arbitrator or body to obtain a binding decision. This is highly beneficial today, especially for resolving conflicts that may arise within public-private partnerships. In Ecuador, these differences are resolved before the International Chamber of Commerce, incurring significant costs for the State. Hence, this research focuses on creating a special fund to finance the expenses generated by the arbitration process. To achieve this, a study was conducted on the doctrine and legal regulation of international arbitration and public-private partnerships, examining Constitutional norms, the Arbitration and Mediation Law, its regulations, along with the Organic Law of Economic Urgency, and the Organic Law of Economic Efficiency and Employment Generation. Additionally, a practical assessment of costs for international arbitration services was conducted. This leads to the conclusion that one viable solution to manage these costs is for partners in PPP contracts to agree to establish a special financial fund for this purpose, ensuring that these expenses are covered without economic repercussions. This, in turn, guarantees the rights of the contracting parties.