DISPUTE SOLVING PROCEDURE IN DECREE MOP N° 900 IN RELATION TO DUE PROCESS.

Published 2023-06-08
Section Current legal news

Authors

  • Alejandro Preuss Lazo Universidad Católica de Temuco

DOI:

https://doi.org/10.7770/rchdcp-V3N1-art350

Keywords:

Debido proceso, Decreto MOP N° 900, Comisión Arbitral

Abstract

The legal rules established in Decree MOP*N°900, which govern the con-fl icts settlement derived from the contract of concessions of public works through an arbitration committee, set up prerogatives which violate our legal system. Because of that and after a thorough analysis, it is concluded that the aforementioned regulations break the constitutional principle of the due pro-cess of law when establishing a procedure which does not respect the mini-mum guarantees which assure a just and fair outcome of the confl ict.