“LA ARBITRABILIDAD DE ACTOS Y CONTRATOS ADMINISTRATIVOS”

Abstract

Over the years, Alternative Conflict Resolution Methods have become the best tool to decongest the saturated judicial function. Despite the constant applicability of arbitration in Private Law, when it comes to Public Law the situation takes a radical turn. The purpose of this paper is to resolve the question whether the legality of administrative acts and contracts may or may not be subject to analysis by a Mediation Center or qualified mediator. The doctrine, law and jurisprudence have agreed on certain issues in this regard, however, in Ecuador the law is not clear about who can decide on the legality of the different administrative acts. There are a number of benefits of the applicability of Alternative Dispute Resolution Methods among them: obtain an award in less time, greater impartiality and independence, better interaction with the arbitrators, greater confidentiality, among others. Our country, with the purpose of innovating in the application of alternative conflict resolution methods and in turn accelerating treasury collection, has brought with it the implementation of the tax transaction, expecting the best results from that application.