The economic and financial balance in the General Law on Public Procurement – Law N.º 32069 and its implications for arbitration

Abstract

This article analyzes the treatment of economic and financial balance in the General Law on Public Procurement, as well as its review through arbitration. It identifies recurring cases where this balance is breached. It emphasizes the execution of additional services that have not been approved or partially accepted by the entity. It has been pointed out that, although the law establishes that this situation cannot be submitted to arbitration, from our perspective it would be admissible, provided the claimant duly proves it. Finally, it is noted that it is pertinent to add to the law the provision related to the economic and financial balance of the contract as one of the mandatory clauses, in order to generate greater legal certainty for the contracting parties.