Bibliographic citations
Pérez, R., (2021). Análisis al Expediente No 1795-195-18-PUCP (Consorcio Santa Rosa contra el Programa Sectorial de Irrigaciones – PSI) [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/20105
Pérez, R., Análisis al Expediente No 1795-195-18-PUCP (Consorcio Santa Rosa contra el Programa Sectorial de Irrigaciones – PSI) []. PE: Pontificia Universidad Católica del Perú; 2021. http://hdl.handle.net/20.500.12404/20105
@misc{renati/528537,
title = "Análisis al Expediente No 1795-195-18-PUCP (Consorcio Santa Rosa contra el Programa Sectorial de Irrigaciones – PSI)",
author = "Pérez Huamaní, Ramiro Omar",
publisher = "Pontificia Universidad Católica del Perú",
year = "2021"
}
The controversy that is the subject of this arbitration award is the contractual resolution within the framework of contracts with the State. In this case, the contractual resolution is governed by the fulfillment of causes typified in the regulations, so much so that for it to proceed, it is enough that there is a breach of contractual obligations or that the maximum number of penalties has been reached. In that sense, this is about the resolution that the PSI makes to the Santa Rosa Consortium for allegedly having incurred in 2 different regulatory grounds such as an alleged breach of obligations due to the fact of not having corrected the observations detected in the final report prior to the liquidation and the fact of having come to have a penalty above 10% of the amount of the main contract. Given this, under the first assumption, the award does not reliably establish that the observations were correctly corrected, but rather the arbitrator, in his position as settler, pronounces on this issue without being a controversial matter and without taking into account the affectation. of principles and rights to the consortium. On the other hand, an exhaustive analysis is not appreciated at the time of motivating, by the arbitrator, the application of the maximum number of penalties that the Entity carries out and without taking into consideration various principles that safeguard legal certainty and the reasonableness of the excessive term granted. by the PSI to correct observations.
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