Suspension of the Administrative Act in the Presence of an Arbitration Clause: An Analysis from the Procedural and Administrative Perspective

Abstract

This study analyzes the feasibility of suspending administrative acts within arbitration in Ecuador, considering the absence of explicit regulation in the Arbitration and Mediation Law (LAM); it examines the relationship between the administrative litigation jurisdiction and arbitration, identifying the normative and procedural tensions arising from the lack of explicit competence for arbitrators to suspend administrative acts; using a qualitative methodology and a hermeneutic approach, key normative sources (Constitution, Organic General Code of Procedures, LAM, Organic Law of Jurisdictional Guarantees and Constitutional Control) are reviewed, revealing a regulatory gap that may affect the precautionary protection of administrators and lead to the recurrent use of constitutional jurisdiction to fill the absence of mechanisms in arbitration; it discusses the possibility of recognizing the suspension of administrative acts as a general precautionary measure and proposes reforms to enhance regulatory coherence and legal certainty in resolving contractual disputes in the public sphere. It is concluded that the lack of clear regulation on this competence creates uncertainty and procedural fragmentation, making it essential to implement legislative reform that clarifies the role of arbitrators and ensures effective precautionary protection in public contract disputes.