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What are the main methods of resolving disputes in your jurisdiction?
Litigation and Arbitration are both formal methods of settling business disputes in the Peruvian justice system. The Peruvian Constitution recognises ordinary jurisdiction (litigation) and arbitration as means of settling disputes. Due to the volume of disputes, the main mechanism for resolving them is litigation before the ordinary courts. However, for several years now, arbitration has been the means used to resolve major disputes, even at the state level (disputes in public procurement, concession contracts, expropriations for infrastructure development, among others).
Conciliation is also recognised as a means of dispute resolution. It is even a prerequisite for accessing ordinary jurisdiction in civil and commercial disputes. However, despite its obligatory nature, it is not a mechanism that has allowed the reduction of disputes at the judicial level.
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What are the main procedural rules governing litigation in your jurisdiction?
The main procedural rules are the Código Procesal Civil [Code of Civil Procedures] and Legislative Decrees on Arbitration. The former applies to almost all private law disputes, while the latter applies to matters that by law are subject to arbitration.
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What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?
The state body responsible for resolving commercial disputes is the Judiciary. It has a hierarchical structure that distinguishes between first- and second-tier bodies and, as a last resort in certain cases, the Supreme Court.
Depending on different criteria for allocating jurisdiction (including the subject matter and/or the amount of the claim), the proceedings could be heard, at the first instance, by either a Judge of the Peace Court or a specialised magistrate’s court. If, at first instance, a Judge of the Peace Court ruled, a specialised court shall rule at the second instance, and his/her ruling shall terminate the proceedings.
On the other hand, if it was a specialised court that ruled at the first instance, a higher court will act as a second instance court. In this scenario, in the event that one of the parties lodges a “recurso de casación” [a type of extraordinary appeal to a supreme court (court of cassation) to request the reversal of a final lower court ruling which violates either substantive or procedural law], the appeal will be settled by the Supreme Court.
Finally, it is important to mention that the Supreme Court does not act as an additional instance, so the discussion that takes place there does not refer to matters of a factual nature. The function of the Supreme Court is, rather, to verify that the objective material or procedural law to the concrete case was correctly applied; and, with this, to standardise the jurisprudence at national level.
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How long does it typically take from commencing proceedings to get to trial in your jurisdiction?
A commercial court proceeding begins with the filing of the lawsuit; and, after the entire process is completed, a final ruling can be obtained that terminates the proceeding in approximately four years.
As a prerequisite, depending on the subject of the dispute, it may be necessary to exhaust an out-of-court conciliation procedure, which lasts approximately fifteen (15) working days.
In the case of arbitration proceedings, no prior out-of-court conciliation procedure is required. However, it is possible that the parties agreed on a stage of direct contact prior to the arbitration. If this is the case, the direct dealings will be conducted in accordance with the procedure and time limits set out in the agreement adopted by the parties.
Additionally, depending on the terms of the arbitration agreement, it is understood that the arbitration process usually starts from the date on which one of the parties submits a communication to the other party, expressing its intention to initiate arbitration before the arbitration institution that will be in charge of the arbitration process. The duration of an arbitration process is approximately one year.
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Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?
Hearings are public, with the exception of those in which minors (persons under the age of eighteen) may be involved in, or the privacy or intimacy of persons participating in the judicial process may be affected.
Documents filed in court proceedings are not available to the public. Only the rulings issued during the proceedings are accessible to the general public, but not the documents submitted by the parties or the evidence offered by them.
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What, if any, are the relevant limitation periods in your jurisdiction?
According to Article 2001 of the Peruvian Civil Code, the limitation periods related to commercial disputes are as follows:
- Ten years for proceedings arising from personal actions (obligations), actions in rem (based on rights over property), those arising from an enforceable ruling (final ruling or arbitration award) and claims for annulment of a legal act.
- Seven years for an action for damages arising from a simulated act.
- Three years for claims for payment for services rendered as a result of a non-employment relationship.
- Two years for claims for annulling legal acts, “acción revocatoria” [a type of action whereby creditors move to void all acts by which a debtor defrauded or injured them], and compensation for non-contractual liability.
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What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?
If the dispute concerns freely disposable property rights, it is compulsory for the party interested in bringing proceedings – prior to the filing of the lawsuit – to exhaust an out-of-court conciliation procedure, the purpose of which is for the parties to attempt to settle their dispute by means of a consensual agreement. A matter that is not subject to conciliation is, for example, the nullity of a contract.
If the out-of-court conciliation procedure is not exhausted, the claim will be rejected. This is due to the fact that the law understands that only if the conciliation procedure is unsuccessful does the need for judicial protection arise.
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How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?
As explained above, the judicial process begins with the filing of the lawsuit. The court then qualifies the claim and decides whether or not to admit it for processing.
It is essential that the claim be notified to the party to whom it is addressed to, so that the defendant can exercise its right of defence. Petitions for precautionary measures are the only ones that are not notified because they are processed inaudita altera pars (petitions for precautionary measures are notified after the respective precautionary measure is granted and executed).
All notifications are the responsibility of the Judiciary. The parties do not intervene in these acts.
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How does the court determine whether it has jurisdiction over a claim in your jurisdiction?
According to articles 2025 and 2058 of the Peruvian Civil Code, Peruvian courts are competent to hear proceedings brought against persons domiciled in Peru. In the case of patrimonial matters, they have jurisdiction, even if the claim is directed against persons domiciled abroad, in the following cases:
- If the dispute concerns rights in rem over property located in Peru. In the case of real estate, the jurisdiction is exclusive to Peruvian jurisdiction.
- When the dispute relates to: (i) obligations to be performed in Peru; (ii) contracts entered into in Peru; or, (iii) events occurring in Peruvian territory.
- When the parties expressly or tacitly submit to Peruvian jurisdiction.
- When Peruvian law is applicable, in accordance with its rules of Private International Law.
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How does the court determine which law governs the claims in your jurisdiction?
There are different criteria to determine which law is applicable to the dispute. Thus, for example, according to Article 2094 of the Peruvian Civil Code, if the conflict has to do with the form of a legal act, the law of the place where the act was granted, or the law that regulates the legal relationship that is the object of the act, will be applicable.
On the other hand, in line with Article 2095 of the Civil Code, if the dispute is related to obligations of a contractual nature, the law expressly chosen by the parties shall be applicable and, failing that, the law of the place of performance. If they have to be performed in different countries, they are governed by the law of the principal obligation; and, if it cannot be determined, by the law of the place of venue.
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In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?
A claim may be rejected without the proceedings being exhausted if, in accordance with the provisions of Article 427 of the Procedural Code, one of the following assumptions is verified.
- If it is clear that the plaintiff does not have legitimacy to act, i.e., if, in view of his or her legal position, he or she has no connection with the subject matter of the dispute.
- If it is clear that the claimant does not have an interest to act, i.e., if there is another mechanism that allows the claimant’s claim to be satisfied other than by petitioning the court (e.g., an out-of-court settlement procedure).
- The right invoked has expired. The statute of limitations expires by law. Thus, for example, the action for excessive onerousness of the service expires three (3) months after the occurrence of the events that determine such an assumption.
- When there is no logical connection between the facts stated and the specific request.
- If the request is legally or physically impossible.
On the other hand, according to paragraph 5 of Article 451 of the Peruvian Code of Civil Procedure, all actions that have taken place must be annulled and the proceedings must be terminated if the exceptions of lack of jurisdiction, insufficient representation of the defendant, lack of exhaustion of administrative remedies, the plaintiff’s legitimacy to act, lis pendens, res judicata, withdrawal of the claim, conclusion of the proceedings by conciliation or transaction, expiry of time, extinctive prescription or arbitration agreement are declared to be well founded.
Finally, in accordance with the provisions of Article 321 of the Code of Civil Procedure, the process can terminate without a declaration on the merits in different scenarios: if the process is declared abandoned; if the claim is removed from the jurisdictional sphere; if the judge declares that the right in question has expired, among others.
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What, if any, are the main types of interim remedies available in your jurisdiction?
In accordance with article 642 of the Peruvian Code of Civil Procedure, when the main claim of the lawsuit deals with a significant amount of money, a seizure can be obtained. This precautionary measure consists of the legal affectation of an asset or right of the defendant.
Peruvian law provides for different types of seizures. There is, for example, seizure in the form of retention; that which falls on credit rights – or other assets – in the possession of third parties such as financial institutions.
On the other hand, according to article 674 of the Code of Civil Procedure, if the party requesting a precautionary measure demonstrates an urgent need for protection and presents evidence that proves its position (at a level almost close to certainty), a temporary measure on the merits can be requested. This may consist of the anticipated execution of, in whole or in part, what the judge is going to rule in his ruling; provided that the effects of such a ruling are reversible and do not affect public order.
Finally, articles 682 and 687 of the Code provide that, if the precautionary request is based on a danger of irreparable damage, innovative or non-innovative precautionary measures may exceptionally be requested. The former is aimed at restoring a state of fact or law, the alteration of which is – or will be – the basis of the claim; and the latter seek the opposite: to preserve it.
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After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?
After the claim has been admitted for processing, the summoned party may question the evidence (through mechanisms known as “oposición y tacha” [opposition and objection]), propose exceptions (on the grounds that the claim has a formal defect that may or may not be rectifiable). It also has the burden of answering the claim.
When the protection is of knowledge, the time limits vary according to the procedural route to be followed: a very short summary, abbreviated or of (full) knowledge, and are calculated in working days (from Monday to Friday, excluding holidays and days on which the Judiciary is not open for the public). The time limits are: three or five days to challenge evidence and to absolve their questioning; five or ten days to propose exceptions; and five, ten or thirty days to respond to the claim.
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What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?
In Peru, there is no procedure for the production of documents such as Discovery. Each party presents the evidence supporting its theory of the case in the beginning stage (claim and defence); unless, in accordance with the provisions of Article 429 of the Code of Civil Procedure, the evidence to be introduced into the proceedings: (i) refers to new facts; or, (ii) to those mentioned by the other party when answering the claim or counterclaim.
Evidence shall be admissible provided that it meets certain criteria:
- Relevance: They must relate to disputed facts.
- Utility: That they provide a clear benefit in relation to what they want to proof.
- Legal suitability: that it follows the rules established by the legislator in relation to the type of proceedings in question. This responds to the fact that including certain means of evidence is not admitted in some proceedings.
- Lawfulness: It cannot have been obtained in violation of any fundamental right or legally protected good.
In addition, reasons of morality, national security or public order may lead to prohibiting certain means of evidence. We find ourselves in this situation when, for example, a document is classified as “secret” or “reserved” by a state body.
In this scenario, the Peruvian judge weighs up the right to evidence of the person seeking to introduce the document against the limitation that, in the specific case, is present.
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How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?
When testimony is offered – in accordance with Article 223 of the Code of Civil Procedure – the name, domicile and occupation of the witness must be stated, as well as the fact in dispute to which the witness will refer to. Up to three witnesses may be offered for each fact in dispute; and in no case may more than six be offered.
After its admission, this means of evidence is heard at a hearing, which means that the witness answers the questions put to him/her at the hearing. Depositions are not permitted.
Persons offered as witnesses are obliged to participate in the proceedings, unless there is a reasonable ground preventing them from doing so. According to Article 229 of the Code, the following persons cannot be witnesses: incompetent persons; a person convicted of an offence which, in the opinion of the judge, affects his or her suitability; the relative of one of the parties (within the fourth degree of consanguinity or third degree of affinity); the spouse or cohabitant (unless proposed by the opposing party); anyone who has a direct or indirect interest in the outcome of the proceedings; and the judge or court clerk in the proceedings before them.
The questions asked, both in direct and cross-examination, must – according to article 217 of the Code – be concrete, clear and precise. Similarly, article 228 provides that ambiguous, impertinent or useless questions, as well as those harmful to the honour and good reputation of the witness, shall be rejected.
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Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?
Expert evidence is permitted in Peru when, in order to assess the facts in dispute, special knowledge of a scientific, technological, artistic, or other nature is required. Article 263 of the Code of Civil Procedure states that, when it is offered, the points to which the expert opinion will refer to, the profession or trade of the person who is to give it, as well as the disputed fact that, through this means of evidence, is to be clarified, must be stated.
Once the expert opinion has been admitted, the judge appoints the expert, who is listed in the “Registro de Peritos Judiciales (REPEJ)” [Register of Judicial Experts (REPEJ)] of the judicial district in which the proceedings are taking place. If deemed necessary, the judge may appoint several experts.
However, Article 264 of the Code allows the parties to submit their own expert reports within the same time limit as the experts appointed by the judge. The experts chosen by the parties may be summoned to the evidentiary hearing.
The expert’s report shall be explained at the evidentiary hearing. The parties may ask questions or make observations.
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Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?
Any ruling can be challenged, as the Peruvian judicial system seeks to avoid any type of due process affectation. Depending on the act in question (i.e., whether it is a decree, a decision or ruling), the following appeals can be lodged: reconsideration, appeal, cassation, or complaint.
The ruling that terminates the proceedings in the first degree can be appealed. In the case of a process of knowledge, the time limit to appeal is three, five or ten days after the affected party has been notified of the ruling, depending on which procedural route is followed.
Depending on which body hears the proceedings at the first degree, the appeal will be decided by a specialised judge or by a panel of three senior judges.
The ruling issued at the second degree may also be challenged by means of a “recurso de casación” [a type of extraordinary appeal to a supreme court (court of cassation) to request the reversal of a final lower court ruling which violates either substantive or procedural law]. In all cases, the time limit for lodging this appeal is ten days from the date of notification of the ruling to the affected party, and it will be resolved by the Supreme Court of Peru.
If the first instance was conducted by a Judge of the Peace Court, the second instance will be conducted by a specialised court. In this case, it is not possible to lodge a “recurso de casación” [a type of extraordinary appeal to a supreme court (court of cassation) to request the reversal of a final lower court ruling which violates either substantive or procedural law]; therefore, the ruling of the second instance will terminate the proceedings.
In the latter scenario, the process will take approximately two and a half years. If the process is heard by the Supreme Court, it could take approximately four years.
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What are the rules governing enforcement of foreign judgments in your jurisdiction?
The Peruvian Civil Code regulates the recognition and enforcement of foreign awards, Title IV of Book X, book referred to the rules of Private International Law. Its effects will depend on the treaties that Peru signed on the matter.
If there is no applicable treaty, the foreign ruling has the same force that, in the country where it was issued, is given to Peruvian judgments. This means that, if the ruling comes from a country that does not give legal effect to the rulings of Peruvian courts, it will not have any effect in Peru either.
There are also other requirements applicable to recognizing the effects of a foreign ruling in Peru. For example: that they do not resolve matters of exclusive Peruvian jurisdiction; that the foreign court has jurisdiction to hear the case in accordance with its rules of Private International Law and the general principles of international procedural jurisdiction; that the defendant has been summoned in accordance with the law with the guarantees of due process; that the ruling has the authority of res judicata; among others.
The full text of the ruling, legalised and officially translated into Spanish, must also be submitted. Similarly, those documents that accredit the concurrence of the requirements detailed above must also be presented.
In jurisdictional matters, the performance of foreign procedural acts and the recognition and enforcement of foreign rulings are also governed by the following conventions: Inter-American Convention on General Rules of Private International Law (1979), Inter-American Convention on Letters Rogatory (1975).
In addition, in arbitration matters, the recognition and enforcement of foreign (or international) awards is governed by the 1958 New York Convention.
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Can the costs of litigation (e.g. court costs, as well as the parties’ costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?
According to Article 412 of the Peruvian Code of Civil Procedure, in proceedings between private parties, the costs incurred by the winning party in litigation can be recovered, according to what the judge determines. In Peru, they are called “costas y costos” [costs and expenses]. The State does not pay costs or expenses, even if it loses a lawsuit against a private party.
The schedule of court costs, the fees of the legal aid bodies and the other legal expenses incurred constitute “costas” [costs], while the expenses are the lawyers’ fees, plus 5% for the Bar Association of the judicial district where the proceedings took place. They shall be borne by the losing party, unless the judge decides, with reasoned reasons, to exonerate him/her.
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What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?
Peru, like most Latin American countries, does not have a systematic regulation on the protection of collective rights. Class actions have no place in our legislation. However, in the case of diffuse rights (such as, for example, the environment), the rule is that the Public Prosecutor’s Office, the Regional Governments, the Local Governments, the Peasant Communities and/or the Native Communities of the place where the damage occurred, and the non-profit associations or institutions that – according to the law and the judge’s criteria – are also legitimised, can promote or intervene in the process.
On the other hand, collective rights of incidence can be protected through a subjective accumulation scenario. There is no limit for a group of people to file a lawsuit requesting indemnification for damages suffered.
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What, if any, are the mechanisms for joining third parties to ongoing proceedings and/or consolidating two sets of proceedings in your jurisdiction?
There are a series of mechanisms that allow third parties whose legal situation is related to the process to intervene in it. Among the kinds of voluntary intervention there are: third party (to an action), joinder or joint litigation, exclusion of ownership, “excluyente principal” [the interference of a third party in proceedings pending between others, claiming, in whole or in part, the thing or right in dispute], and “excluyente de derecho preferente” [in which the third party intervenes not to oppose a claim in the main proceedings, but in the interim proceedings instituted to take preventive measures in order to avoid the danger of delay in the main proceedings].
Where, for example, a third party holds a right in such a way as to exclude the parties from the proceedings, he may apply to intervene and make an autonomous claim for recognition of his legal position. This is a case of “intervención excluyente principal”.
Third parties can be called to compulsory intervene in the process through the following mechanisms: the civil complaint, the “llamamiento posesorio” [If the person summoned appears in court and acknowledges that he is the possessor, he replaces the defendant], “aseguramiento de pretension futura” [Its nature arises from the fact that its purpose is not that the defendant should help the complainant or replace him, but that he should be obliged to the complainant, for which he should be condemned in the same proceedings]; as well as “llamamiento por fraude o colusión” [When, at any stage of the proceedings, fraud or collusion between the parties is presumed, the judge shall, ex officio, order the summoning of the persons who may be injured so that they may assert their rights]. In the case of “llamamiento por fraude o collusion”, for example, if at any stage of the process the judge notices fraudulent or collusive conduct, he will order – ex officio – the summoning of the persons who may be injured, so that they may assert their rights; he may even suspend the process for a period of no more than thirty days.
On the other hand, if two or more proceedings can be consolidated into a single one, provided that there is a connection between their subject matter. In our procedural system, consolidation is called “acumulación objetiva sucesiva” [It is the one that is presented in the same claim, when the plaintiff raises more than one claim against the defendant]; it can operate ex officio or at the request of the party, and it can occur even if the proceedings are processed in different procedural channels and before judges of different hierarchy.
Joinder or joint litigation may take place until one of the proceedings has been ruled upon. If it is requested by a party, such a request prevents the issuance of the ruling until the joinder is resolved.
It is requested before any of the judges hearing one of the cases, attaching a certified copy of the claim and, if it exists, of the defence.
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Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?
There is no regulation regarding third party financing. However, insofar as there is no express prohibition, we believe that it is possible for the interested party to enter into a private agreement that allows it to obtain the financing it needs, as long as such an agreement does not transgress any public policy rule.
As seems obvious, the extent of the third party’s intervention will depend on the risk the third party takes on the account of the agreement it enters into with a party.
In our jurisdiction, the possibility of obtaining third-party financing is related, rather, to arbitration. In this scenario, although Peruvian arbitration law does not contain express regulations in this regard, the criteria adopted by international arbitration practice are followed.
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What has been the impact of the COVID-19 pandemic on litigation in your jurisdiction?
COVID-19 led the Peruvian justice system to rapidly promote digitisation and the efficient management of processes. Some of the measures adopted were:
- Protocols for conducting virtual hearings were regulated. To this day, hearings are mostly virtual.
- Electronic court files, so that the parties can file lawsuits virtually and access the proceedings remotely. Similarly, the progressive digitalisation of the physical files existing before the pandemic is being promoted.
- A virtual reception desk was implemented, which allows the remote entry of all types of documents (complaints, appeals, evidence, etc.), from Monday to Sunday, all day long.
- The electronic notifications system of judicial proceedings was strengthened, which foregoes with notifications to physical mailboxes, except for the summons and formal notification of rulings, reducing inactivity times in proceedings.
- A platform was developed for interviews with judges (“The Judge Hears You”) and another one for monitoring requests for promoting proceedings or coordinating with court clerks.
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What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?
The Peruvian justice system has clear procedural rules that allow international commercial disputes to be processed in our jurisdiction with full guarantee of the procedural rights of the parties. However, the main disadvantage to overcome is the time required by the judicial system to issue a final ruling to resolve the conflict.
The latter is due to a number of factors. For example, the procedure for notifying a party or third party domiciled outside Peru can take approximately four months.
This being the case, it is essential that collaboration mechanisms with other jurisdictions be improved.
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What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?
Disputes related to violating commercial agreements – such as distribution agreements, franchises, licensing contracts, joint venture agreements, etc. – have for several years now occupied a predominant place in commercial litigation. We believe that this trend will continue in the coming years, although we note that disputes related to reinsurance contracts (in which a foreign company usually participates as a reinsured) have been increasing significantly.
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What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?
Technology will definitely continue to contribute to the efficient processing of cases. The measures implemented in the wake of the COVID-19 pandemic were successfully implemented and have been positively received by users of the justice system.
In our opinion, in the following years, such measures will be widely adopted throughout Peru. As a result, the number of cases handled by the Peruvian judiciary will be significantly reduced and, as a result, disputes will be resolved much more quickly.
Peru: Litigation
This country-specific Q&A provides an overview of Litigation laws and regulations applicable in Peru.
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What are the main methods of resolving disputes in your jurisdiction?
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What are the main procedural rules governing litigation in your jurisdiction?
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What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?
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How long does it typically take from commencing proceedings to get to trial in your jurisdiction?
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Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?
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What, if any, are the relevant limitation periods in your jurisdiction?
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What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?
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How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?
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How does the court determine whether it has jurisdiction over a claim in your jurisdiction?
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How does the court determine which law governs the claims in your jurisdiction?
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In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?
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What, if any, are the main types of interim remedies available in your jurisdiction?
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After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?
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What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?
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How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?
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Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?
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Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?
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What are the rules governing enforcement of foreign judgments in your jurisdiction?
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Can the costs of litigation (e.g. court costs, as well as the parties’ costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?
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What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?
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What, if any, are the mechanisms for joining third parties to ongoing proceedings and/or consolidating two sets of proceedings in your jurisdiction?
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Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?
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What has been the impact of the COVID-19 pandemic on litigation in your jurisdiction?
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What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?
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What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?
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What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?