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Cámara de Comercio de Lima ("CCL")

A concise overview of the key procedural features, advantages, disadvantages, and practical considerations involved in arbitrations administered by the Cámara de Comercio de Lima ("CCL").

Overview

Overview: advantages and disadvantages

ADVANTAGES DISADVANTAGES 
Privacy and confidentiality: The default position is that CCL arbitration proceedings are kept confidential. Information can only be disclosed when required by law, or when requested by a competent judge to execute the award.  Membership Costs: Access to many benefits requires membership, which can be costly for parties.
Speed: The Tribunal must render its award within 50 days from the close of proceedings. The Centre plays no rule in scrutinising awards. Bureaucratic Processes: As it is a large institution, some CCL procedures can be slow or complex.
Ability to choose the arbitrator(s): The parties may choose arbitrators who have expertise in the subject matter of the relevant dispute and/or who are from neutral jurisdictions. Limited appeal options: There are very limited grounds for appeal or review of CCL arbitral awards. 
Enforceability of awards: CCL awards are enforceable under the New York Convention, and are often easier to enforce than the judgments of national courts.

Overview: Process

Procedural element Details
Rules
  • The current CCL Rules came into force on 1 January 2017
Commencing proceedings
  • A Request for Arbitration is submitted to the Centre
Answer to the Request
  • To be submitted within 10 days of receipt of the Request
  • Must contain the information specified in Article 6
Terms of Reference
  • No obligation for the Tribunal to draw up 
  • The tribunal has discretion to issue rules for presentation of the parties' positions, evidence and schedule of hearings
Constitution of the Tribunal 
  • The Tribunal will be composed of one or three arbitrators, as agreed between the parties. If the parties cannot agree on the number of arbitrators, the dispute will be decided by three arbitrators (unless the Court considers otherwise)
  • Where the dispute is to be decided by a sole arbitrator, the parties must jointly appoint the sole arbitrator 
  • If the parties have agreed that the Tribunal shall comprise 3 arbitrators, each party nominates 1 arbitrator and then the nominated arbitrators appoint a third arbitrator
Procedural measures
  • The Tribunal has a wide discretion to conduct the arbitration as it deems appropriate
  • This may include bifurcation but it is not a common measure
  • The Tribunal may also order interim or conservatory measures at the request of a party
Witness evidence 
  • Witness evidence must be submitted in a signed statement
  • Witnesses can be required to testify on facts or circumstances related to matters that may be decided in the award
Fees & costs
  • Fees are calculated using the Centre's Schedule 
  • The parties may be asked to pay a provisional advance

Expedited arbitrations

The Rules allow for an expedited arbitral process for disputes with a value of up to USD$50,000.   Provisions governing an expedited arbitral process are set out in Appendix II of the Rules

Constitution of the tribunal

Note: Timing of Award

The Tribunal must render its award within 3 months from the date on which it is constituted

The Tribunal will be composed of one or three arbitrators, as agreed between the parties. If the parties have agreed that the Tribunal shall comprise 3 arbitrators, each party will nominate 1 arbitrator. The nominated arbitrators (once confirmed) will then appoint a third arbitrator. In confirming the arbitrators, the Council will consider: 

1. Availability  

2. Expertise 

3. Parties' conditions  

4. Declaration of impartiality and independence

Note: Emergency Arbitrators

Article 35 of the Rules provides that a party requiring urgent interim or conservatory measures may request an emergency arbitrator in accordance with the Emergency Arbitration Rules in Appendix I.  

Arbitrator conflicts / disclosure of interest

Article 14(2) provides that when accepting an appointment, an arbitrator must sign a statement of availability, impartiality and independence. In particular, a prospective arbitrator must disclose in writing any facts or circumstances which might cause justifiable doubts as to the arbitrator's impartiality or independence. 

The obligation to disclose such matters continues throughout the arbitration. 

Note:

The 2024 IBA Guidelines on Conflicts of Interest in International Arbitration are also applied in practice. A link to those IBA Guidelines can be accessed here.

Consolidation

Article 9 enables the Court to consolidate two or more arbitrations into a single arbitration where the procedures are brought under the same arbitral agreement, or where the procedures are brought under different agreements, but:

The different agreements are compatible;

The procedures are related to the same legal relationships; and

The parties are the same, or if different, they have agreed to the consolidation. 

 

Pleadings or memorial approach?

The Rules do not allow for the memorial approach. Pursuant to Article 24 of the Rules, the Claimant must submit a statement of case within 20 days from the notification of the constitution of the Tribunal (unless otherwise decided by the arbitrators). 

Summary judgment

The Rules do not provide for summary judgment. 

Security for costs

The Rules do not expressly provide for the possibility of seeking security for costs. However, the Tribunal is entitled to order any form of injunction it considers necessary, including granting an injunction to secure costs.  

Disclosure of documents

The Rules do not provide for the mandatory disclosure of documents. Article 39(2) provides that, when formulating their statement of claims and statement of defence, the parties shall provide all the documents they deem relevant or make a reference to those documents or other evidence they are to submit or propose. 

The Rules do not contain any specific provision regulating the production of electronic documents. 

Hearings

Hearings are typically held at the Centre’s premises in Lima unless the Tribunal and parties agree otherwise. Hearings are held in private, unless otherwise agreed by the parties.

Pursuant to Article 28, if only documentary evidence has been provided, the Tribunal may decide the dispute without hearings (unless a party requests a hearing). 

Note:

Article 23 of the Rules provides that the Tribunal may decide how the arbitration procedure will be performed. As such, the Rules allow the Tribunal to agree on hearings being conducted virtually.

Court's role in scrutiny of arbitral awards

The Centre does not have any role in the scrutiny of arbitral awards. 

Appeals

The Rules do not regulate appeals. Appeals are governed by the Peruvian Arbitration Law (Legislative Decree No. 1071). Under Article 59.1 of the Rules, no appeal or other challenge on the merits or on questions of law is permitted against an arbitral award. Appeals (governed by the Peruvian Arbitration Law) are only permitted on the grounds set out in Article 63.

Further information

    Model clause
    All disputes arising from or related to this contract or agreement shall be finally resolved through arbitration in accordance with the Arbitration Rules of the National and International Arbitration Center of the Lima Chamber of Commerce, to whose rules, administration, and decision the parties unconditionally submit, declaring that they are fully aware of and accept them in their entirety.The seat of the arbitration shall be [insert].
    The number of arbitrators shall be [one or three].
    The governing law of this arbitration agreement shall be [insert].

If you would like any further information about CCL arbitrations, please contact Oscar Barton at obarton@dacbeachcroft.com.   

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