About administrative arbitration: the case of contracting up to eight ITUs

Abstract

The way foreseen by the Peruvian legal system to contract with State entities and companies is by using the Procurement Law; however, in the said regulation, some assumptions allow its non-application. These exceptional cases are divided into two groups: (i) those in which it is not required to report to the OSCE the contracting carried out, as is the case of bank contracts or the hiring of notaries, and (ii) contracts that require supervision of OSCE, as is the case of the recruitment of up to eight ITU. When reviewing the Procurement Law, its Regulations, the OSCE Directives, and Opinions, we can see that the legal framework for contracting up to 8 ITUs is not delimited, beyond their registration in SEACE, such as provided in literal a) of article 11.2 of Directive 008-2017-OSCE / CD “Provisions applicable to the registration of information in the Electronic System of State Procurement - SEACE”. However, and as we can warn, to regulate only the way of recording the information of these contracts, leaving aside substantial aspects such as what is the applicable regulations for these contracts is not enough. And how will their controversies be resolved? It is insufficient. In this sense, and considering the importance of the issues raised in this article, it will address the possibility of including administrative arbitration, as an alternative for effective dispute resolution, in the contracting of up to eight ITUs.