Recent Submissions
Item type:Item, Access status: Metadata only , ¡Atención árbitros, las cosas están cambiando en el sector construcción!: Building Information Modelling (BIM) como prueba en el arbitraje(Pontificia Universidad Católica del Perú, 2025-12-19) Giles Ponce, CarlosBuilding Information Modelling (BIM) is essential for orderly project management. Linked to international standardized construction contracts such as NEC (New Engineering Contracts), it contributes to the reduction of execution times and project cost savings, which, in public works, translates into a more efficient management of government resources. By concentrating information that is provided contemporaneously by all parties involved, it will contribute to generate in the arbitrators the conviction they require with a view to reaching material truth, thus contributing to a more solid motivation of the awards. This poses the challenge for arbitrators to become more skilled in the technical and technological aspects of construction disputes, in general, and in the technical evaluation of evidence, in particular.Item type:Item, Access status: Metadata only , Los conflictos socioambientales en el contexto de los arbitrajes de inversión(Pontificia Universidad Católica del Perú, 2025-12-19) Benzaquén Gonzalo, Licy; Scaramutti Rodríguez, FlaviaThe purpose of arbitration, as a dispute resolution mechanism, is to resolve disputes arising between different agents, who decide by means of a contract to submit to arbitration the possible disagreement that could arise between them. In many cases, one of the parties to the dispute is a State, which celebrates an investment contract with a private agent. The phenomenon of climate change has been the subject of international arbitration in recent years, as it is a cross-cutting issue that today has repercussions on the planning and operation of various investment projects. In addition, investment projects also face obstacles related to state inactivity with respect to socio-environmental conflicts, such as the takeover of projects by native communities. The purpose of this article is to present a brief summary of some of the investment arbitration proceedings that we consider most relevant in resolving international conflicts related to climate change and the environment, and to determine some of the criteria adopted by investment arbitration tribunals and the relevance of each case discussed.Item type:Item, Access status: Metadata only , El derecho a regular minerales críticos y el régimen internacional de inversiones: Una perspectiva desde Hispanoamérica(Pontificia Universidad Católica del Perú, 2025-12-19) Hernández G., José IgnacioHistorically, Latin America, particularly Spanish America, has shown hesitance towards international investment law due to the principle of non-intervention and the Calvo doctrine’s influence. This stance contributed to the region’s opposition to establishing the International Centre for Settlement of Investment Disputes. However, by the late 20th century, there was a shift toward broadly defined bilateral investment treaties aimed at attracting investments more practically. An increase in arbitration claims prompted a reevaluation of the criticisms regarding international investment law, highlighted by recent cases in Ecuador and Honduras. This important perspective has been emphasized within the scope of climate change mitigation and adaptation policies, especially regarding the safeguard of the right to a healthy environment. The region now faces a choice: either relinquish this international investment law or keep the existing ambiguous treaties. Alternatively, it may reform international investment law to protect the right to regulate, particularly concerning host states’ economic policies, has recently concluded by the Inter-American Court of Human Rights in its Advisory Opinion OC-32/25 regarding the climate emergency. This is crucial for developing mechanisms to encourage foreign investment in critical minerals needed for decarbonization while upholding legitimate policies that protect the right to a healthy environment.Item type:Item, Access status: Metadata only , Arbitraje inversionista-Estado y fragmentación interpretativa de estándares de protección: los casos América Móvil y Telefónica contra Colombia(Pontificia Universidad Católica del Perú, 2025-12-19) Lorenzoni-Escobar, Lina; Toro-Valencia, José AlbertoThis article addresses the problematic phenomenon of interpretative fragmentation of clauses in foreign investment protection treaties by international arbitration tribunals, using as a case study the recent awards of América Móvil and Telefónica against Colombia. It is observed how the same facts, decided under different treaties, give rise to dissimilar interpretations of principles as important to state sovereignty as judicial deference, and how, in the face of a much-discussed and questioned standard such as fair and equitable treatment, the tribunal in the Telefónica case decided without providing reasons for its decision, with flawed approaches from the discipline of international law. The article concludes with the importance of the arbitrators’ profile in order to avoid interpretative fragmentation, in reality diagnosing a long-standing problem that is still very much alive.Item type:Item, Access status: Metadata only , La autonomía de la responsabilidad penal de las personas jurídicas en el Perú: una breve referencia a las empresas de pequeñas dimensiones(Pontificia Universidad Católica del Perú, 2025-12-19) Bendezú Barnuevo, Rocci; Valladares Grimaldos, NahomiThe introduction of criminal liability for legal entities in various legal systems has raised several questions about this type of liability. Many studies focus on political-criminal and doctrinal debates, as well as the discussion regarding the criminal or administrative nature of this liability. However, another highly relevant aspect in the current debate is the discussion of more specific issues, such as the current system of attribution, its elements and its degree of autonomy. This article addresses these issues and argues that Peru adopts a mixed attribution model, in which the liability of the corporation is partially autonomous from the criminal liability of the natural person, and whose elements are the connection fact and the organizational deficit.
results