Incorporación de los dispute boards en la solu-ción de controversias durante la ejecución de obras públicas en el marco de la ley de contrata-ciones del estado

Abstract

This paper makes a study of Public Procurement through the analysis of Legisla-tive Decree No. 1017 and Law No. 30225, emphasizing the economic content of the Principle of Efficiency and the contractual execution phase of construction projects. Furthermore, it gives an account of mechanisms of dispute resolution which are regulated in our legal system and those existing at international expe-rience, standing out a mechanism called the "Dispute Boards". After that, we an-alyze an arbitration award which serves as a practical basis to build upon a hy-pothetical case of application of Dispute Boards for the settlement of disputes mentioned in the said award. The purpose behind this analysis is to evaluate whether the addition – looking for solution of disputes that arise during the contract execution of public works – of the mechanism of Dispute Boards creates a situation much more efficient than that offered by the mechanism which until this time is the most used in our coun-try: Arbitration.