El contrato sui generis de amigable composición: una alternativa para la solución de controversias en los proyectos de infraestructura

This brief essay discusses a form of friendly dispute resolution known in Colombia as the amigable composición, which is an institution that is a contract as well as an alternative dispute resolution mechanism. A similar type of resolution mechanism does not seem to be available anywhere else in the...

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Bibliographic Details
Main Authors: Oñate, Tatiana, Ternera Barrios, Francisco
Format: Article
Language:Spanish
Published: 2015
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5589617
Source:Derecho Público, ISSN 1909-7778, Nº. 35, 2015
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Summary: This brief essay discusses a form of friendly dispute resolution known in Colombia as the amigable composición, which is an institution that is a contract as well as an alternative dispute resolution mechanism. A similar type of resolution mechanism does not seem to be available anywhere else in the world and could offer a range of benefits in the regulation of economic exchanges, particularly with regard to infrastructure projects. As part of the doctrine indicates, there are few issues involving legal theory that are developed independently and originally in Latin America. The contract addressed here has a special scheme (Lopez, 2004). From this perspective, infrastructure projects become the ideal field for the special characteristics that make up Colombia’s amigable composición and facilitate a resolution to conflicts that may arise in the contractual management of these operations.