Arbitration in Peru: An Overview

The most commonly used arbitral institution in Peru is the Arbitral Chamber of the Commerce Chamber of Lima (Cámara de Comercio de Lima – CCL), which provides a set of rules that parties often choose for their arbitration proceedings. This institution is well regarded for its expertise and efficiency in handling arbitration cases in all allowed subjects.

The Arbitration Law includes both mandatory provisions, which cannot be waived by the parties, and non-mandatory provisions, which may be modified by agreement. Some of the mandatory provisions include the requirement for the arbitral award to be in writing and signed by the arbitrators, the allocation of costs and the finality of the award, which is considered definitive and unappealable. These provisions ensure the integrity and enforceability of the arbitration process.

Under Peruvian law, the party making a claim holds the burden of proving it unless stated otherwise by law. Disclosure is not regulated under the Arbitration Law, which means that parties have flexibility in how they handle the exchange of information during the arbitration process.

The approach to witness and expert evidence in Peru is flexible, allowing the tribunal to weigh the information received in each case. Depending on the matter, witness testimony or expert evidence may be preferred over documentary evidence. This flexibility ensures that the most relevant and reliable evidence is considered in the arbitration proceedings, in accordance with the complexity of the matter.

Peru is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) since 1988. This international treaty facilitates the enforcement of arbitral awards across borders, providing assurance to parties that their awards will be recognized and enforced in Peru. To enforce an arbitral award in Peru, the interested party must make a judicial application, as the tribunal does not have the power to enforce its decisions. The Arbitration Law provides a clear timeline for the judicial enforcement process, ensuring that the award is executed promptly and efficiently, as it is considered an "immediately executory" title.

While arbitral awards in Peru are considered final and unappealable, the Arbitration Law allows for the annulment of an award on specific grounds. These include the non-existence or invalidity of the arbitral agreement, improper notification of a party, or where a tribunal has made a decision on matters outside its scope. This limited scope for challenging awards ensures that the arbitration process remains efficient and final, while still providing a mechanism for addressing significant procedural issues.