Browsing by Author "Quintanilla Gutiérrez, Alejandra"

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    ¿Existe un levantamiento del velo jurisdiccional?: el levantamiento del velo societario como extensión del convenio arbitral y como remedio de fondo
    (Pontificia Universidad Católica del Perú, 2020-12-21) Quintanilla Gutiérrez, Alejandra
    In arbitration matters, one of the cases in which the effects of the arbitration agreement can be extended to a non-signatory party is through the piercing of corporate veil doctrine. The doctrine justifies the existence of such theory in order to include into the arbitration process parent or related companies that use subsidiaries as a shell to commit abuses and defraud their creditors. Moreover, corporate doctrine, no matter the jurisdictional system, establishes that the piercing of corporate veil is a remedy that applies only when the defensive separation of assets is broken and liability is assigned to a parent o related company.In this article, the author exposes the confusion related to arbitration matters in the application of the piercing of the corporate veil as a non-signatory doctrine and as a substantial remedy. Thus, it proposes a harmonization of the figure, in order to stablish a comprehensive application.
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    Smart contracts como solución eficiente a los nuevos problemas del consumidor en el e-commerce
    (Pontificia Universidad Católica del Perú, 2021-11-22) Monsante Moy, Isabella; Novoa Suárez, Ariana; Quintanilla Gutiérrez, Alejandra
    The exponential growth of e-commerce in Peru has generated new problems in the effectiveness of consumer rights and the consequent consumer distrust in e-commerce transactions. Government authorities have repeatedly mentioned that a solution to these problems would be the regulation of electronic consumer’s relationships established at national level. This solution goes on the same page with the tendency of the European Union to regulate digital markets. However, is the legislative initiative an ideal solution to solve the new problems generated by e-commerce?.In this article, the authors find that regulation of e-commerce would not completely solve the new problems generated by it. They evidence the necessity of utilizing market solutions based on new technological mechanisms such as smart contracts. These tools, together with the incentive of the authorities that protect consumers’ rights, will be able to efficiently solve the new problems that are generated in this new decade.