The constant evolution of the legal and practical necessities in the commercial area, requirethe development and rearrangement of the legal system. The arbitration system actuallyrequires prompt flexibility as it has become the preferred mechanism for the parties toresolve disputes of legal transactions in which they are involved. Therefore, through thisthesis we will analyze and highlight the need to adapt the Ecuadorian arbitration schemeallowing extension of the scope of the arbitration agreement to parties who, despite nothaving agreed to arbitration by a written agreement, conduct presupposes its inevitableacceptance of this jurisdiction to settle disputes, and that will be directly affected by thearbitration process conducted. However, this opening of the arbitration system, as will beseen in the proposed work, must be done in exceptional cases, strictly in accordance withEcuadorian law.
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