Abstract
In Ecuador there are laws that give the State the power to go to arbitration, which has led us to analyze the arbitrability of the disputes in the Administrative Arbitration, concluding that if there is a rule that specifically allows the State to arbitrate, it can do so with no more obstacles than the limits imposed by the law itself and the arbitration agreement, being the arbitral tribunal who should decide its own jurisdiction, without being a limit for arbitration the mere fact that the dispute is related to rules of general interest, as it would be the legality of Administrative Acts. Contractual Administrative Acts are, indeed, arbitrable because
their arbitrability arises from the exercise of a power granted by law, and the only limit to their arbitrability should be stated in the same law that establishes the power to arbitrate, or in the arbitration agreement, so that the arbitral tribunal is
obliged to respect the principle of legality in terms of this authority to arbitrate, more so it is empowered to review the legality of these Contractual Administrative Acts. Also, the tradable characteristic of a dispute cannot be taken as a limit
to the arbitrability. The tradable characteristic of the dispute as a limit to the private autonomy is meaningless in the Administrative Arbitration.
