We invite you to read the letter written by our director of the Civil Litigation and Arbitration Group, Francisco Fuentes, where he highlighted the methodology and technical expertise of the Supreme Court in a ruling related to a high impact public project.
Madam Director:
A few days ago the Supreme Court upheld the appeal on the merits filed by the construction company AZVI Chile and in a replacement judgment overturned the ruling of the Court of Appeals of Santiago, ordering the Treasury to pay $ 1,347 million to the company, in the context of the works it executed for the Caucau Bridge.
Without going into matters of substance, it is necessary to highlight the technical expertise demonstrated by the Chamber and its judges to hear and judge the matter; the correct methodology to review each topic; and the sophistication of the reasoning to accept or reject indemnification items, which finally led to an exhaustive review of the background information provided by the parties, reaching conclusive conclusions that showed the need to revoke the judgment of the Court of Appeals.
The “extrajudicial” contingencies that have affected the Supreme Court in recent times -and, without going any further, two of the justices who participated in this ruling- have diverted attention and made us forget the relevant role of our highest court for the effective resolution of the conflicts that come to its knowledge and, ultimately, for society.
We may question the time involved in the final definition of the matter. But what we cannot ignore -nor forget- is that the Supreme Court is, has been and will continue to be the most relevant court in technical-legal terms in the country.
Letter written by:
Francisco Fuentes | Director Civil Litigation and Arbitration Group | ffuentes@az.cl
