- Arbitral Award
- Centro de Arbitraje y Conciliación Mercantil de la Cámara de Comercio de Bogotá
ADMINISTRATIVE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A COLOMBIAN COMPANY AND A COLOMBIAN CORPORATION - USE OF UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (COLOMBIAN LAW)
IMPLIED OBLIGATIONS – REFERENCE TO ARTS. 5.1.1 AND 5.1.2 UNIDROIT PRINCIPLES - VIOLATION - REDUCTION OF THE AMOUNT OF DAMAGES DUE
In a dispute concerning a construction contract between a Colombian company and a Colombian public corporation and with respect to some changes in the original project, the Arbitral Tribunal established the violation, by both parties, of the so-called “planning duty”, i.e. the obligation on both parties to the construction contract to inform and be informed of the relevant circumstances that may affect the agreement. In affirming the existence of implicit obligations stemming from the more general duty of good faith and fair negotiation and burdening the private contractor as a professional, the Tribunal made express reference to Arts. 5.1.1 and 5.1.2 of the 2010 UNIDROIT Principles, "widely known at international level". As a consequence, the Arbitral Tribunal reduced the compensation due to the private contractor following the breach of contract by the public client.