Analysis of some procedural aspects of the dispute resolution system in public works concessions

Abstract

In this paper we will analyze the dispute resolution regime regulated by Law 20,410 regarding the Public Works Concession Contract in aspects such as jurisdiction, competence, powers of the different bodies involved and access to resources. The study aims to determine whether the current dispute resolution regime complies with the constitutional norms that establish due process. To do so, the regulations governing arbitration in public works concession contracts will be studied, as well as the various dispute regulation systems that have been contemplated in the different legislative modifications. The evolution of the arbitration system from Law 20,410 will also be reviewed, as well as the problems that the legislation currently presents, and that would prevent, in the opinion of the proceedings, adequate access to justice in this matter. At this point, we will review important issues such as the competence of the Arbitration Commission to hear claims made and how the right of option that the system raises in relation to the rule of filing has been accepted in our jurisprudence. The limited access to the appeal in this type of procedure is analyzed in a special way, as well as the admissibility of the appeal of complaint when an appeal of this nature has already been resolved.