Afectación a los derechos de los consumidores en la Sentencia 1758-15 EP/20 de la corte constitucional del Ecuador

Abstract

The Constitutional Court issued sentence 1758-15-EP/20 regarding an extraordinary protection action against sentences issued in the context of a process of consumer protection rights, in which both judges declared the annulment of an arbitration clause inserted in an adhesion contract. The sentence analyses ex officio the capacity of the ordinary judges to decide about the validity and reach of the arbitration clauses under the light of the kompetenz-kompetenz and pro arbitri principles. This article investigates concepts related to Consumer Rights, Arbitration and how they both relate, considering examples from foreign legislatures. Finally, we will look into the sentence issued by the Constitutional Court to the effect of finding out if there are or aren’t transgressions against Consumer Rights.