The Right of Option established in Article 36 bis of the Public Works Concessions Law. Commentary on the ruling of the Supreme Court, dated November 30, 2017, Docket N° 35,751-2017

Abstract

Article 36 bis of the Public Works Concessions Law grants the parties a right of choice to select which is the competent Court -the Court of Appeals of Santiago or the Arbitral Commission- to adjudicate any disputes or claims arising from the interpretation, application, or execution of the concession contract. Once the Arbitral Commission of the concession contract is established and the procedural rules are agreed upon, the parties designate the Arbitral Commission as the natural judge and withdraw the Court of Appeals of Santiago from its competence to adjudicate present or future claims.