Regulatory Alert – May 2023

The Law of Regulatory Agencies is amended to create administrative tribunals

Through Legislative Decree Nº 1555, the Executive Power provided for the amendment of Article 9 of Law Nº 27332, Framework Law of the Regulatory Agencies of Private Investment in Public Services («Law»), regarding the constitution of administrative tribunals for the resolution of controversies of such entities.

Specifically, through the amendment, it is provided that the regulatory agencies will have administrative tribunals, which are resolution bodies that are part of their organizational structure. Thus, the new Article 9 of the Law no longer contemplates only the figure of the Dispute Resolution Tribunal, but with the approved amendment, the «Administrative Tribunals», the last administrative instance, are created. Within these tribunals is the already existing Dispute Resolution Tribunal.

Likewise, the following rules are specified for the composition of the Administrative Tribunals:

1. With the exception of the Dispute Resolution Tribunal, which will have five (5) members, it will be the boards of directors of each regulatory agency who will determine the rules for the operation of the referred tribunals, including the definition of their number of members.
2. It is established that the members of the administrative tribunals will be elected through public competition.

For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com); Diana Briones (Dbriones@estudiorodrigo.com); and/or Sebastián Velarde (svelarde@estudiorodrigo.com).