Citas bibligráficas
Olarte, A., (2024). Informe jurídico sobre la resolución N°8 recaída en el expediente N°71-2016-0-1817-SP-CO-02: Anulación de Laudo Arbitral [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/28390
Olarte, A., Informe jurídico sobre la resolución N°8 recaída en el expediente N°71-2016-0-1817-SP-CO-02: Anulación de Laudo Arbitral []. PE: Pontificia Universidad Católica del Perú; 2024. http://hdl.handle.net/20.500.12404/28390
@misc{renati/528119,
title = "Informe jurídico sobre la resolución N°8 recaída en el expediente N°71-2016-0-1817-SP-CO-02: Anulación de Laudo Arbitral",
author = "Olarte Vallejos, Adriana Andrea",
publisher = "Pontificia Universidad Católica del Perú",
year = "2024"
}
This report contains the analysis of resolution N° 8 issued by the First Civil Chamber of Commercial Sub-specialization of the Superior Court of Justice of Lima in case N°71-2016 -0- 1817-SP -CO-02, which concerns the claim for the annulment of the arbitration award filed by Consorcio Nueva Gambetta against the arbitration award issued by the arbitration tribunal of the Lima Chamber of Commerce in the arbitration proceeding against the Regional Government of Callao. This report addresses issues such as due motivation, the right to defense and due process, arbitration jurisdiction and annulment of the arbitration award. These topics together have helped us to understand and demonstrate whether it is valid to consider allegations not invoked by the parties as part of the motivation of the arbitration award; how the right to defense and due process have been violated in the Resolution in question; and whether it was appropriate to declare the request for annulment of the Award in the case file subject to this Report as well-founded. The report is based on the violation of Article 63, subsection b), resulting from the application of two deductions to the payment amount of direct costs granted by the arbitral tribunal, deductions which were not part of the procedural debate. Finally, it is concluded that the affected party did not have the opportunity to exercise its right to defense and due process as they were not able to express what was convenient to their rights, and therefore the claim for annulment of the arbitral award should have been declared well-founded.
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