(Pontificia Universidad Católica del Perú, 2023-08-16) Rodríguez Uriol, Dario Andrés
The multi-tiered dispute resolution clauses are a very popular type of arbitration agreement nowadays. These clauses provide that, in order to resolve disputes arising out of a contractual relationship, the parties may or should have recourse to more than one dispute resolution mechanism, which will be used progressively, one after the other. Although this type of covenants may present advantages for the parties, they may also become problematic clauses, which, when inadequately designed or managed, may be a source of additional conflicts to those already arising. For this reason, this article will analyze the main problems that arise in connection with this type of agreement. More specifically, three issues are analyzed in relation to the pre-arbitration stages: their enforceability, the most relevant factors to be taken into account for their execution and compliance, and the consequences of non-compliance for the arbitration process.
(Pontificia Universidad Católica del Perú, 2023-08-16) Bedoya Denegri, Alonso
It is well known that the confrontation in an arbitral procedure to obtain a favorable award implies a strenuous effort by both the parties and their respective legal. Even more in the framework of international arbitration and investment treaty arbitration between a State and a foreign investor. However, it should not be overlooked that many times the heart of the matter lies in the enforcement of the award. Having a favorable award is no small task, yet we cannot ignore the dire reality in which investors face off a perilous journey in order to enforce what is lawfully theirs.Thus, this article deals with the aftermath of a victorious award for the foreign investor, who often cannot see the decision contained in the award materialize, due to a lack of compromise of the respective State which adduces several foreign immunity regulations, which makes enforcing an award a titanic feat, therefore turning the arbitral victory into a Pyrrhic victory.In this scenario, and for illustration purposes we will use, the biblical passage of David and Goliath to demonstrate the Dantesque feat to which each investor must succumb in order to enforce assets pertaining to the State. Consequently, this paper will analyze the ways in which investors may have a chance of enforcing a favorable award without being limited to sovereign immunity legislation.
(Pontificia Universidad Católica del Perú, 2023-08-16) García Valdez, Leandro
In this paper, the author presents a logbook on the current state of controversies related to requests for extension of time in the framework of public works. Firstly, the general aspects of this legal remedy are explained. Secondly, the main controversies arising in arbitral proceedings are commented on, based on the contrast between the position that some public entities usually take to deny an extension of time, as opposed to what is regulated in the law, what is developed by doctrine and what is resolved in arbitral awards. The aim is to verify the basis of what is stated by public entities.