{"id":153230,"date":"2026-11-04T10:38:37","date_gmt":"2026-11-04T10:38:37","guid":{"rendered":"https:\/\/www.legal500.com\/guides\/?post_type=comparative_guide&#038;p=153230"},"modified":"2026-11-04T12:50:27","modified_gmt":"2026-11-04T12:50:27","slug":"peru-international-arbitration","status":"publish","type":"comparative_guide","link":"https:\/\/www.legal500.com\/guides\/chapter\/peru-international-arbitration\/","title":{"rendered":"Peru: International Arbitration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-153230","comparative_guide","type-comparative_guide","status-publish","hentry","guides-international-arbitration","jurisdictions-peru"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Loza Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/10\/loza-logo-white.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Loza Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/10\/loza-logo-white.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of International Arbitration laws and regulations applicable in Peru<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legislation applies to arbitration in your country? Are there any mandatory laws?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Arbitration is governed by Legislative Decree No. 1071 (the Arbitration Law, in force since 1 September 2008), as amended by Legislative Decree No. 1231 (2015) and Emergency Decree No. 020-2020 (DU 020-2020), which introduced special rules for arbitrations involving the State (publicity, abandonment of proceedings and the consequences of annulment, among others). The Constitution and the Constitutional Court (for example, the Cantuarias precedent) recognise arbitral jurisdiction (Art. 139.1), and the Constitution authorises the State to submit to arbitration (Art. 63). In public procurement, Law No. 32069, the General Public Procurement Law (in force since April 2025), and its Regulations (Supreme Decree No. 009-2025-EF) maintain arbitration as the mandatory mechanism, and Supreme Decree No. 016-2025-JUS created the National Registry of Arbitrators and Arbitration Centres (RENACE). Mandatory rules include, among others, those on independence and impartiality, equal treatment, due process, grounds for annulment and the rules governing arbitration with the State.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Peru acceded to the New York Convention in 1988. To our knowledge, it made no reservations limiting its general obligations. In addition, Art. 74 of the Arbitration Law adopts the most-favourable-treaty rule and allows the domestic recognition regime (Art. 75) to be applied where it is more favourable than the treaty.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other arbitration-related treaties and conventions is your country a party to?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Peru is a party to the Inter-American Convention on International Commercial Arbitration (Panama, 1975) and the ICSID Convention (Washington, 1965; in force for Peru since 1993). It has also entered into dozens of bilateral investment treaties and free trade agreements with investment chapters providing for investor-State arbitration (for example, with Canada, the United States, Singapore and Spain). It remains among the States with the most pending investment cases, including the claim brought by Brookfield and registered at ICSID in March 2025, and the Lupaka v. Peru award (June 2025).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two? Are there any impending plans to reform the arbitration laws in your country? Has your jurisdiction adopted, or is it considering adopting, the amendments of 6 July 2026 regarding electronic awards and communications?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. The Arbitration Law follows the Model Law (2006 version) and applies equally to domestic and international arbitrations seated in Peru. Relevant differences: (i) it also applies to non-commercial matters (e.g., investments or stability agreements); (ii) Art. 14 expressly extends the arbitration agreement to non-signatories; (iii) a judge may disregard the agreement only if it is manifestly null (Art. 16); (iv) annulment is the only extraordinary remedy, with no review of the merits, and international public policy is a ground only in international arbitrations; (v) the State may not invoke prerogatives of its domestic law in international arbitrations (Art. 2); and (vi) there are special rules for arbitrations with the State (DU 020-2020).<\/p>\n<p>Reform: following a first working group of the Ministry of Justice (Ministerial Resolution (R.M.) 0124-2024-JUS), which concluded that amending the Law was not advisable, and a second group (R.M. 0016-2025-JUS), criticised by business associations such as the Lima Chamber of Commerce (CCL) for its predominantly public-sector composition, on 4 February 2026 the Ministry installed a Technical Group on Commercial Arbitration (R.M. 460-2025-JUS) to propose improvements, citing cases of corruption and fraudulent centres. As far as we are aware, no bill has yet been published. There is no indication that Peru has adopted or announced the UNCITRAL amendments of 6 July 2026; however, the Law already recognises arbitration agreements concluded by electronic communication (Art. 13.4), and digital signatures (Law No. 27269) facilitate electronic awards.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What arbitral institutions (if any) exist in your country? When were their rules last amended? Are any amendments being considered?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main centres are: (i) the Arbitration Centre of the CCL, whose 2025 Rules have been in force since 1 March 2025 and replaced the 2017 Rules (they include rules for dispute boards and optional scrutiny of the award); (ii) the AmCham Peru International Arbitration Centre, whose rules have been in force since 1 July 2021; (iii) the PUCP Centre for Analysis and Dispute Resolution, whose rules have been in force since 1 January 2024; and (iv) centres of other chambers of commerce and professional associations (e.g., the Piura Chamber of Commerce, with 2025 rules) and the Arbitra Per\u00fa Popular Arbitration Centre of the Ministry of Justice. For public procurement, centres must be registered with the Registry of Arbitral Institutions and Dispute Board Administration Centres (REGAJU, administered by the Specialised Body for Efficient Public Procurement, OECE) and with RENACE. We are not aware of any rule amendments in progress, although a possible legislative reform could require adjustments.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a specialist arbitration court in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. There are commercial courts, but none specialised in arbitration. Annulment and the recognition of foreign awards fall to the Commercial Sub-specialised Civil Chamber of the Superior Court (or, failing that, the Civil Chamber), and enforcement of awards and judicial interim measures fall to the commercial judge or, failing that, the civil judge (Art. 8).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the validity requirements for an arbitration agreement under the laws of your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The agreement must be in writing, either as a clause or as a separate agreement (Art. 13). It is deemed to be in writing if a record of it exists in any form, through electronic communication accessible for subsequent reference, through an exchange of statements of claim and defence in which the existence of an agreement is not denied, or through a reference to a document containing it. It must relate to a defined legal relationship, whether contractual or not, and concern matters that the parties can freely dispose of or that are authorised by law or treaty (Art. 2). The parties must have capacity and, where the State is a party, legal authorisation is required and the agreement must be drafted in coordination with the public attorney&#8217;s office (procuradur\u00eda p\u00fablica) (DU 020-2020). Multi-tier clauses are common; the Law does not regulate the consequences of non-compliance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitration clauses considered separable from the main contract?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Art. 41.2 provides that the arbitration agreement is independent of the other terms of the contract, so that the non-existence, nullity, voidability, invalidity or ineffectiveness of the contract does not necessarily entail that of the arbitration agreement. The tribunal has jurisdiction to decide on these questions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicable to it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Law does not formulate the principle by that name, but it has an equivalent effect. For arbitrations seated abroad, Art. 16.4 requires the judge to dismiss the claim if the arbitration agreement meets the requirements of the law applicable to the agreement, the law applicable to the merits or Peruvian law. In all cases, the judge may disregard the agreement only if it is manifestly null, which reflects an approach favouring its validity.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are asymmetric arbitration clauses \u2013 for instance, where one party has the right to choose between arbitration or litigation while the other party does not have this option \u2013 valid in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Peruvian law does not expressly prohibit asymmetric clauses and party autonomy allows them to be agreed, although there are no relevant precedents ruling on their validity. The Law does require equality in the appointment of arbitrators: any provision granting one party a privileged position in the appointment is null (Arts. 23 and 26). Such clauses could be challenged in adhesion or consumer contracts and are hardly compatible with public procurement, where arbitration is mandatory. In general, pathological arbitration clauses are analysed and ruled upon by the arbitral tribunals themselves.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an arbitration agreement? Are there any recent court decisions on these issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Art. 14 provides that the arbitration agreement binds those who, in good faith, consented to submit to arbitration through their active and decisive participation in the negotiation, execution, performance or termination of the contract, and those who seek to derive rights or benefits from it. It is an express rule extending the agreement to non-signatories. The Supreme Court has accepted that arbitral tribunals may apply the piercing of the corporate veil to extend the agreement, including under the theory of estoppel, treating it as a question of substance and overturning lower-court decisions that denied it. We have not identified any significant recent changes in the case law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any recent court decisions and\/or legislative reform in your country concerning the choice of law applicable to an arbitration agreement where no such law has been specified by the Parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Law contains no general conflict-of-laws rule on the law applicable to the arbitration agreement; only specific rules: Art. 16.4 (arbitrations seated abroad, see answer 9) and Art. 75 (recognition of foreign awards: validity under the law chosen by the parties or, failing any indication, the law of the country where the award was made). For arbitrations seated in Peru, Peruvian law is usually applied as the law of the seat. We have not identified any relevant recent reforms or decisions on this point. However, in commercial arbitration involving a foreign party, for example in arbitrations before the International Chamber of Commerce, a Peruvian party may submit to a foreign lex materiae or governing law, such as New York law or English law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In domestic arbitrations, the tribunal decides in accordance with the law. In international arbitrations, it applies the legal rules chosen by the parties; any reference to the law of a State is understood as referring to its substantive law and not to its conflict-of-laws rules (Art. 57), which allows the parties to choose the lex mercatoria or other non-State rules. Failing a choice, the tribunal applies the rules it considers appropriate, without being bound to follow the rules of Book X of the Civil Code (private international law, Arts. 2046 et seq.), which do apply before the courts. The tribunal decides ex aequo et bono only if the parties expressly so authorise. In all cases, the terms of the contract and applicable usages are taken into account. As a general rule, the substantive law is regulated by the parties in their contracts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any particular requirements for and\/or restrictions in the appointment of arbitrators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no nationality requirements (absent agreement) or requirements of membership of a professional bar. Any natural person with full exercise of civil rights, no incompatibility and no final criminal conviction may act as arbitrator (Art. 20). In domestic arbitrations decided in law, arbitrators must be lawyers unless otherwise agreed; this is not required in international arbitrations. Public officials are subject to incompatibilities under their regulations (Art. 21) and, where the State is a party, it may not appoint anyone with personal, employment, economic or financial interests that could conflict with the arbitral function. Failing agreement, the tribunal consists of three arbitrators. Equal treatment in appointments is required (Arts. 23 and 26). In international arbitrations involving a Peruvian party, a rule may be adopted that no member of the tribunal may have the nationality of the place where the contract giving rise to the dispute is being performed, or any of the parties&#8217; nationalities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the local courts intervene in the selection of arbitrators? If so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Not directly. The parties appoint the arbitrators or delegate the appointment to an institution or third party; failing agreement, the appointment is made by the Chamber of Commerce of the place of arbitration (or the Lima Chamber of Commerce in international arbitrations), not by the courts (Arts. 22 to 25). In arbitrations with the State, the residual appointment may be made by the governing body for public procurement (OECE) or by the administering institution. The courts intervene only indirectly, by reviewing the composition of the tribunal in annulment proceedings. In other cases, some arbitration centres act as appointing authority.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the appointment of an arbitrator be challenged? What are the grounds for such a challenge? What is the procedure for such a challenge?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. A challenge may be brought on grounds of justifiable doubts as to impartiality or independence, lack of the agreed qualifications, lack of availability or incompatibility (Art. 28). The arbitrator must disclose any relevant circumstance upon being proposed and throughout the arbitration. The procedure is set by the parties or the applicable rules; failing agreement, the challenge must be brought within 15 days of becoming aware of the ground, and it is not decided by the judiciary. A party whose challenge was dismissed may reiterate the ground when seeking annulment of the award (Art. 63). In general, the ground for challenge must be invoked before the period for rendering the award begins.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments concerning the duty of independence and impartiality of the arbitrators, including the duty of disclosure?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. DU 020-2020 reinforced disclosure duties and incompatibilities in arbitrations with the State. Law No. 32069 and its Regulations govern the appointment of arbitrators, the joinder of claims and the traceability of awards. RENACE (Supreme Decree No. 016-2025-JUS, in force since August 2025) requires arbitrators and centres to be registered and records challenges and sanctions; its impact on the autonomy of institutions, on the appointment of arbitrators and on the validity of awards rendered by unregistered arbitrators has been questioned. The CCL also amended its ethics rules in 2025. As to decisions of the Commercial Chambers, the predominant position is that arbitrators must behave in accordance with the constitutional guarantees of independence, impartiality, objectivity and neutrality, and must demonstrate conduct consistent with such requirements, similar to that of a judge.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitrators immune from liability?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>They do not enjoy absolute immunity. Art. 32 limits their civil liability to cases of wilful misconduct, gross negligence or inexcusable fault. In addition, the RENACE and public procurement regulations provide for disciplinary or registry consequences for registered arbitrators.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the principle of competence-competence recognized in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Art. 41 enshrines the principle: the tribunal is the only body competent to decide on its own jurisdiction, including objections as to the existence, validity or arbitrability of the agreement and defences in general. Its decision may be reviewed only through annulment proceedings, in which the Commercial Court may re-examine jurisdiction extensively. The negative effect of the principle is reflected in the arbitration agreement exception (Art. 16).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Judges must uphold the arbitration agreement exception and dismiss the claim if the subject matter falls within the agreement (objective and subjective limits), unless the agreement is manifestly null (Art. 16), even if the arbitration is seated abroad or has not yet commenced. The exception must be raised within the time limit set for each type of proceeding; if it is not raised, the arbitration is deemed waived (Art. 18), so that participating in the litigation without raising it amounts to tacit waiver. In general, Peruvian judges correctly apply the scope of an arbitration agreement if it is in the form required by law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What happens when a respondent fails to participate in the arbitration? Can the local courts compel participation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The tribunal may be constituted, continue the proceedings and render an award; the respondent&#8217;s inactivity does not amount to acceptance of the claimant&#8217;s claims, which must be proved. This situation is commonly referred to as the party&#8217;s refusal to participate (renuencia), which is equivalent to default (rebeld\u00eda) in procedural law. If the respondent does not appoint an arbitrator, the institution or the competent Chamber of Commerce does so. The courts cannot compel the respondent to participate. It is advisable to prove valid service, since lack of due process is a ground for annulment and for refusal of recognition of the award.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can third parties voluntarily join arbitration proceedings? If all parties agree to the intervention, is the tribunal bound by this agreement? If all parties do not agree to the intervention, can the tribunal allow for it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Law does not generally regulate the voluntary intervention of third parties; party autonomy and institutional rules govern, several of which (e.g., CCL, PUCP and AmCham) regulate the joinder of third parties. If all parties and the third party consent, the tribunal will generally admit the intervention, although it retains control of the proceedings and may refuse it if it affects due process or the constitution of the tribunal. Without the consent of all parties, it may join only a party bound by the arbitration agreement, including a non-signatory under Art. 14. In general, the principles of consent and willingness to arbitrate are respected. In Peruvian arbitration, the procedural figures of excluding third party, supporting intervenor or optional joinder of parties (litisconsorte facultativo) do not apply.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal? Are anti-suit and\/or anti-arbitration injunctions available and enforceable in your country? What is the approach of local courts in your jurisdiction to anti-arbitration injunctions issued in breach of arbitration agreements?  Have there been any recent decisions on this point?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Arbitrators have broad general powers to grant interim relief but must abide by the parties&#8217; initiative; they may therefore order interim measures at a party&#8217;s request (Art. 47): maintaining or restoring the status quo, preventing imminent harm, preserving assets that would secure enforcement of the award, or preserving evidence. They may take the form of an award or another form and may require security; their compulsory enforcement is for the court (Art. 48). Before the tribunal is constituted, a party may seek a judicial interim measure, normally ex parte; it must commence the arbitration within 10 days of the measure being executed and, if the tribunal is not constituted within 90 days, the measure lapses. Once constituted, the tribunal may modify, replace or set aside the measure. Emergency arbitrator relief is also available (see answer 35); it is widely used in works, construction and infrastructure arbitrations.<\/p>\n<p>The Law does not regulate anti-suit or anti-arbitration injunctions. Judges would regard them as contrary to the principle of minimal intervention (Art. 3) and to competence-competence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence? Can local courts compel witnesses to participate in arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Law contains no detailed evidentiary rules: the tribunal freely determines the admissibility, relevance, taking and weight of evidence (Art. 43), subject to the parties&#8217; agreement. There is no common-law-style discovery. The use of the IBA Rules on the Taking of Evidence is increasing, and the CCL promotes it. Judges may provide assistance in taking evidence, at the request of the tribunal or of a party with its authorisation (Art. 45), including in arbitrations seated abroad if the assistance is required in Peru. In principle, such assistance allows witnesses to be compelled to attend, although in practice it is rarely used. In general, in Peruvian arbitrations evidence must be submitted with the statements of claim and defence (and any counterclaim), and the regulation of how evidence is taken is found in the rules of the arbitration itself.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country? Do these codes and professional standards apply only to counsel and arbitrators having the nationality of your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Lawyers admitted in Peru are subject to the Code of Ethics of the Bar Association. In institutional arbitrations, arbitrators (and, depending on the rules, the parties and their representatives) are subject to the centre&#8217;s code of ethics (CCL, AmCham, PUCP) and its statutes. Arbitrators are also subject to the statutory duty of independence, impartiality and disclosure (Art. 28) and, in arbitrations with the State, must observe the RENACE and public procurement rules. There is no nationality restriction: representation does not require being a lawyer or being admitted in Peru (Art. 37), foreign arbitrators may act, and institutional codes apply regardless of nationality. It should be added that the Commercial Chambers have annulled awards in which the arbitrators failed to comply with minimum ethical duties, as reflected, for example, in the failure to disclose excessively repeated appointments.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any rules with respect to the confidentiality of arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Unless otherwise agreed, the parties, the arbitrators, the institution and anyone involved must keep the arbitration and all its proceedings confidential, including the award (Art. 51). The exception is arbitrations with the State: since DU 020-2020 (Art. 51.3), the proceedings and the award are public once the arbitration has concluded, and Law No. 32069 requires awards to be registered on the Electronic Public Procurement System (SEACE). The confidentiality of arbitration, and of awards in particular, is a matter that is frequently debated in Peruvian arbitration scholarship.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the IBA guidelines on conflicts of interest and other similar soft law sources viewed by courts and tribunals in your jurisdiction? Are they frequently applied? Have any developments under the 2024 IBA Guidelines, including the expanded Orange List, the treatment of social media conduct, or due diligence obligations on parties, and the UNCITRAL Code of Conduct for Arbitrators been addressed by courts and tribunals in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The IBA Guidelines are frequently used as an illustrative standard for deciding challenges and delimiting the scope of disclosure, both by arbitral tribunals and by centres. They are not binding and judges treat them as a reference rather than as a rule. The IBA colour lists are generally a reference for the standards or thresholds of conduct expected of arbitrators.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the costs of arbitration proceedings estimated and allocated? Can pre- and post-award interest be included in the principal claim and costs incurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Costs comprise the fees and expenses of the tribunal and the secretary, the institution&#8217;s costs, experts&#8217; fees and reasonable legal representation and arbitration expenses (Art. 70). In institutional arbitrations, fees are set using the centre&#8217;s scales, which are predetermined by reference to the amount in dispute and may eventually be recalculated because of the complexity of the case; in ad hoc arbitrations, they are determined by the tribunal applying criteria of reasonableness. The parties&#8217; agreement on their allocation is respected; failing agreement, they are borne by the losing party, although the tribunal may apportion them (Art. 73), and in practice they are usually split equally, unless one party is clearly defeated in the arbitration, in which case that party bears all the arbitration costs. The tribunal may award pre- and post-award interest in accordance with the applicable law and as requested; compound interest (anatocism) is available only if agreed and in commercial or banking transactions (Civil Code, Art. 1249), subject to the limitations set by law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are applications for security for costs viewed in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Law does not expressly regulate them. They are raised as an interim measure under Art. 47, and are granted only exceptionally, since a real risk of non-compliance must be shown. It is more common to require guarantees (letters of guarantee) to stay enforcement of the award during annulment proceedings (Art. 66), and also for arbitral interim measures as a possible requirement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legal requirements are there in your country for the recognition and enforcement of an award? Is there a requirement that the award be reasoned, i.e. substantiated and motivated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The award must be in writing, be rendered within the applicable time limit, be signed by the arbitrators (a majority suffices if the missing signatures are explained), state the date and place of the arbitration and be reasoned, unless otherwise agreed or in the case of an award by consent (Art. 56). Foreign awards are recognised under Arts. 74 to 77: the most favourable treaty (New York or Panama) applies or, if more favourable, Art. 75, with no review of the merits. The original or a copy of the award, legalised or apostilled, is submitted with a simple translation if not in Spanish (Arts. 9 and 76), to the competent Commercial Chamber. Domestic awards and foreign awards already recognised are enforced before the commercial judge (Art. 68). The time limit to apply for recognition is ten years. Cases of enforcement of foreign awards have been increasing in Peru.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the estimated timeframe for the recognition and enforcement of an award (domestic and international)? Can a party bring a motion for the recognition and enforcement of an award on an ex parte basis? Would the standard of review be different for domestic and international awards?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Recognition of a foreign award before the Superior Court usually takes between six months and one year: the counterparty has 20 business days to object, the hearing is set within a further 20 days and the chamber rules within a similar period. Under the Law, if recognition is granted no appeal lies, but one does if it is denied. Enforcement of domestic awards before the commercial court takes around one year, allowing for a possible appeal.<\/p>\n<p>The procedure is not strictly ex parte: the recognition application is served on the counterparty; in enforcement, the judge immediately issues an order to comply (five business days), but the debtor may object. The standard differs: for foreign awards, the grounds of the New York Convention apply (Art. 75), including international public policy; for domestic awards, objections are limited to stay, annulment or compliance (Art. 68.3), and public policy is not a ground for annulment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can arbitration awards be appealed or challenged in local courts? What are the grounds and procedure in this regard? Is it possible for parties to waive any rights of appeal or challenge to an award by agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No appeal lies. The only extraordinary remedy is the annulment claim before the Superior Court (Art. 62), which may not review the merits. The grounds are: (a) the arbitration agreement is non-existent, null, voidable, invalid or ineffective; (b) improper notice or inability to present one&#8217;s case; (c) the composition of the tribunal or the procedure was contrary to the agreement or the rules; (d) the award decides matters not submitted to arbitration; (e) the subject matter is manifestly not arbitrable (domestic arbitration); (f) the subject matter is not arbitrable or the award is contrary to international public policy (international arbitration); and (g) the award was rendered out of time. In general, grounds (a) to (d) and (g) require that the matter was raised in a timely manner in the arbitration.<\/p>\n<p>The claim must be filed within 20 days of notification of the award. The Superior Court&#8217;s decision may be appealed in cassation only if it annuls the award. The Superior Court usually takes six months to one year, and the Supreme Court a further six months to one year. Annulment does not stay enforcement absent a guarantee (Art. 66). The right to seek annulment may be waived only if no party is domiciled or has assets in Peru (Art. 63.8). Exceptionally, a constitutional amparo action lies against awards in the circumstances set out in the Mar\u00eda Julia precedent.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an award? To what extent might a third party challenge the recognition of an award?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A third party is bound where the arbitration agreement can be extended to it under Art. 14 (active and decisive participation or taking advantage of the benefits of the contract), a question decided by the tribunal and subject to review in annulment proceedings; successors and assignees are also bound. A third party to the agreement whose constitutional rights are affected may exceptionally bring an amparo action, in accordance with the case law of the Constitutional Court, for example on the basis of the Mar\u00eda Julia precedent (142-2011). There is no specific regulation on third-party objections to recognition, so standing is assessed case by case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any rules \/ court decisions that regulate or prohibit third party funding of arbitration proceedings \u2013 for instance, where funding by an entity not involved in the dispute in return for a share of the eventual award may be barred \u2013 in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Third-party funding is lawful: Peruvian legislation neither prohibits nor regulates it, and there are no published court or arbitral decisions on the subject. In practice, tribunals and centres are beginning to require its disclosure in order to assess conflicts of interest, and its existence may be taken into account when deciding applications for security for costs. In the Peruvian arbitration market there are companies or funds that increasingly act regularly in disputes, and in some cases this also requires disclosure by the parties. It will depend on the commission or fees offered by those funds, following an assessment of the dispute and prospects of success in each particular case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is emergency arbitrator relief available and recognized in your country? Are decisions made by emergency arbitrators readily enforceable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, at institutional level. The main centres regulate emergency arbitrators (CCL, with rules updated since 1 March 2025; AmCham Peru; PUCP; and other centres, such as the Piura Chamber of Commerce in its 2025 rules). Their jurisdiction ends upon constitution of the tribunal and applies only to arbitration agreements concluded after the relevant rule entered into force. The Law does not regulate it, but their decisions are treated as interim measures enforceable before the commercial judge (Arts. 47 and 48). There is little case law on their enforcement; in public procurement, misuse of this mechanism has attracted criticism and closer scrutiny.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there arbitral laws or arbitration institutional rules in your country providing simplified or expedited procedures for claims under a certain value? Are they often used?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Arbitration Law does not provide for simplified procedures based on the amount in dispute. Some institutional rules provide for abbreviated, express or expedited procedures with shorter time limits, and public procurement allows ad hoc arbitration in lower-value disputes. There are no official statistics on how often they are used. In general, arbitral institutions set a monetary ceiling for an arbitration to be conducted under abbreviated procedural rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The most visible case is Rutas de Lima v. Municipalidad Metropolitana de Lima: US courts confirmed the awards (D.C. Circuit, 24 June 2025) and refused to stay their enforcement without security (17 June 2025), while the Municipalidad Metropolitana de Lima pursues related proceedings in Peru. Conversely, on 10 September 2025 the Superior Court of Lima recognised an award seated in Paris (Lima Expresa). The Law allows recognition to be suspended if annulment has been sought at the seat (Art. 75).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the issue of corruption? What standard do local courts apply for proving corruption? Which party bears the burden of proving corruption?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. In the recognition of the Lima Expresa award (Superior Court of Lima, 10 September 2025), the Court refused to accept a public policy objection based on unproven corruption allegations or preliminary indications, since the tribunal had already examined the same allegations and there was no final criminal conviction. The party alleging corruption must prove it, and the standard applied is high: it requires concrete proof and a link to the contract, in line with the D.C. Circuit&#8217;s approach in Rutas de Lima. Criminal investigations linked to Odebrecht continue. DU 020-2020 and Law No. 32069 seek to prevent corruption in arbitrations with the State through publicity, registries and incompatibilities. The political factor and accusations against specific Peruvian authorities have led to the alleged corruption affecting the underlying contract being invoked as a ground for alleging corruption in arbitration, with severe criticism in the Peruvian system. The delays in handling the criminal investigations and proceedings linked to these facts do not help.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country withdrawn from, or announced its intention to withdraw from, the Energy Charter Treaty?  What is the status of the sunset clause in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Peru is not a party to the Energy Charter Treaty, so there is no withdrawal or applicable sunset clause.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions or legislative developments in your country with respect to intra-European investor-State arbitration, the Energy Charter Treaty, or the enforcement of intra-EU? Are there any pending decisions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>We are not aware of any Peruvian decisions or legislative reforms on these matters.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have arbitral institutions in your country implemented reforms towards greater use of technology and a more cost-effective conduct of arbitrations? Have there been any recent developments regarding virtual hearings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Centres use online filing desks (mesa de partes), virtual logbooks, electronic notifications, digital files and virtual or hybrid hearings, which are fully permissible given the broad procedural freedom the Law grants (Arts. 34 and 42). The 2025 CCL Rules introduced optional scrutiny of the award and rules for dispute boards, aimed at improving efficiency. In arbitrations with the State, SEACE and RENACE add traceability and publicity. In general, institutional arbitration tends to be better prepared in digital infrastructure to conduct expert proceedings and complex hearings with multiple participants.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent judicial and\/or legislative developments in your jurisdiction with regard to disputes involving ESG issues such as climate change, sustainability, social responsibility and\/or human rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no arbitration-specific ESG reforms. The general climate framework applies (Framework Law on Climate Change, Law No. 30754, and its Regulations, Supreme Decree No. 013-2019-MINAM). In investment arbitration, the award in Lupaka v. Peru (30 June 2025; USD 40.4 million) attributed to the State the acts of rural communities and held it liable for breaching full protection and security and fair and equitable treatment. We have not identified any recent court decisions on ESG matters in arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have any international economic sanctions regimes been implemented (either independently, or based on EU law) in your jurisdiction recently? Have there been any recent decisions in your country considering the impact of sanctions on international arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A in substance. Peru has not implemented autonomous economic sanctions regimes or sanctions based on EU law; it gives domestic effect only to United Nations Security Council sanctions, through administrative anti-money laundering rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country enacted any regulation and\/or implemented any rules, guidlines or regulations regarding the use of artificial intelligence (AI), generative AI or large language models in the context of dispute resolution?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is general AI regulation, not specific to dispute resolution. Law No. 31814 (2023) and its Regulations (Supreme Decree No. 115-2025-PCM, of 9 September 2025) promote responsible use of AI and set phased obligations for the public sector, with a deadline of 10 September 2026 for entities such as the Judiciary. The National AI Strategy 2026-2030 was approved by R.M. 152-2026-PCM. As far as we are aware, there are no rules or guidelines from the centres on AI in arbitration; its use is subject to the duty of confidentiality (Art. 51), personal data protection (Law No. 29733) and ethical duties. In general, if AI is used, the parties should disclose it.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any specific legal, institutional, or procedural frameworks in your jurisdiction governing the arbitration of digital asset or blockchain-related disputes?  Have there been any court decisions in your jurisdiction concerning the validity or enforceability of arbitration agreements incorporated into smart contracts or digital asset terms?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no specific framework. The general Arbitration Law applies, whose formal requirements rule (Art. 13.4) allows the arbitration agreement to be concluded by electronic communication; virtual asset service providers are subject to the anti-money laundering regime supervised by the Superintendency of Banking, Insurance and Private Pension Fund Administrators (SBS). In practice, disputes concerning digital assets are dealt with in the criminal jurisdiction, in cases of fraud or cybercrime.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6013<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/153230","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=153230"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}