1. El arbitraje y los adicionales de obra.
- Author
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FREYRE, MARIO CASTILLO and MINAYA, RITA SABROSO
- Subjects
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PUBLIC contracts , *ARBITRATION (Administrative law) , *GOVERNMENT comptrollers , *CONSUMER goods -- Law & legislation , *PUBLIC finance - Abstract
This wording begins remembering that article 41 of the former law of Contracts and Acquisitions with the State, Law 26850 enacted in 1998, provided that —for the first time— an arbitration clause be included as a compulsory clause in the Contracts to be executed with the State, in order to find out a solution and settlement of the controversies arisen between the parties. With regard to goods and services, the additional issues that do not exceed the 25% of the total amount contracted originally are subject to arbitration, and in cases referred to contracting works (i.e., building, construction and any other kind of work) those additional issues that do not exceed the 15% of the total amount contracted originally. When the additional issues exceed the percentages mentioned in the precedent paragraph, then the parties will have to ask for the prior consent of the General Comptroller of the Republic. Such cases are not subject to arbitration. The reason to consider that those matters are not subject to arbitration is because the authority estimates that through those possible or eventual additional matters, any party could be pretending to attempt against the General Budget of the Republic. Therefore, the government provides such rules that, obviously, are addressed to preserve the public order. [ABSTRACT FROM AUTHOR]
- Published
- 2011
- Full Text
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