AN INTERVIEW TO MARIO MONGILARDI

The president of the Lima Chamber of Commerce, Mario Mongilardi, noted that arbitration emerged to resolve commercial disputes which the parties did not intended to resort to the courts as they are costly and time-consuming. He pointed out that the Lima Chamber of Commerce has an arbitration center which is managed by a Superior Council of Arbitration. Hence, there is complete independence between the Chamber of Commerce and the arbitration center of the Chamber. He underscored that the parties choose their arbitrators and they, in turn, choose the arbitrator who shall preside over the Arbitral Tribunal. Mávila Huertas reported that Horacio Cánepa was involved in 19 of the 29 arbitration cases involving Odebrecht as he has been one of the account holders in Banca Privada d’Andorra. Mongilardi explained that Cánepa was the arbitrator appointed to 17 cases by the claimant, Odebrecht. However, he questioned the State for not challenging or recusing him although it was entitled to do so. He also stated that out of the 17 times Cánepa was an arbitrator appointed by Odebrecht, Odebrecht won 16 times. He remarked that the Chamber had acted with complete and absolute transparency and had delivered all the information required by the Lava Jato Commission.