Rough justice and the scope of natural justice in dispute resolution. Dispute Avoidance and Adjudication Board; [Rough justice e la portata della giustizia naturale nella risoluzione delle controversie. Comitato per la Prevenzione e Risoluzione delle Controversie]

Del Carpio A.M.V. · Prudentia Iuris (2025)

Resumen

The Dispute Avoidance and Adjudication Board mechanism in construction contracts in Peru has been described as a form of rough justice, in a similar way to which Adjudication has been described in the construction industry in England. This paper analyses the notion of rough justice with relation to the legal nature of these alternative methods of dispute resolution. It further explores the impact of their procedures in light of the due process of law, known in English Common Law under the principle of natural justice. Considering the essential aspects of rough justice, it is possible to assert that it comes from the law’s purpose, which puts a quick decision before a correct decision of the dispute. This emerges in the speed of the procedure and the provisionality of the decisions that act as, or are assumed as, limitations to the scope of natural justice.

Instituciones: Universidad Católica San Pablo