Hello
This legal report analyzes Arbitral Case No. 592-15-2002, administered by the
Arbitration Center of the Lima Chamber of Commerce. The dispute concerns a
Contract for the Assignment of Television Broadcasting Rights entered into between
two television concession companies: Andina de Radiodifusión (ATV) and Compañía
de Radiodifusión de Arequipa (CRASA). The contract included an exclusivity clause,
under which the parties agreed that ATV’s programming would be broadcast
exclusively by CRASA within the contractual territory.
The dispute arose several years after the termination of the contract, when CRASA filed
a claim alleging a breach of the exclusivity clause. CRASA requested that the Arbitral
Tribunal declare ATV liable to pay a penalty of USD 45,360,000 (forty-five million
three hundred sixty thousand and 00/100 U.S. dollars) for allowing a third company to
simultaneously broadcast an ATV program within one of the contractual regions,
Arequipa.
This report aims to analyze and compare the decisions issued in the framework of the
dispute, as well as the arguments presented by the parties in their pleadings. It also
includes a doctrinal and jurisprudential analysis of the legal issues underlying the case
that were not expressly addressed in the arbitral award. The core analysis focuses on
contractual interpretation, penalty clauses, and the moderation of contractual penalties.
Additionally, the report examines other relevant legal aspects, such as the doctrine of
estoppel, the implications of equity arbitration, the principle of res inter alios acta, and
the issue of corruption in arbitration, among other topics of interest.
0
