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United Kingdom

Peru’s Arbitration Regime Under Strain: Mandatory Public-Contract Arbitration, Expansive Annulment Review and Decree-Led Limits on Interim Relief: Institutional, Not Legislative, Reform Needed

Published on: 25 February 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

The history of arbitration laws in Peru can be divided in three stages.

The earliest phase dates back to the mid-sixteenth century, when Peru remained within the Spanish Empire. Norms on arbitration were limited, yet the Recopilación de Leyes de las Indias required that arbitral decisions be carried out in accordance with the law, and the Spanish Constitution of 1812 acknowledged the possibility of resolving disputes by arbitration. The second phase opened with Peru’s independence and displayed clear resistance to arbitration. The 1823 Constitution declared that only constitutionally created courts were accepted, and that no proceedings other than the ordinary process set by law would be valid. Thereafter, arbitration received a cautious nod, treated essentially as a stiff, highly formal judicial mechanism. The third phase arose in the 1990s, as Peru moved to update its framework and rejoin global markets after a turbulent economic decade. This shift triggered a genuine transformation—without parallel elsewhere—in the adoption of arbitration. A first General Arbitration Law appeared in 1992, yet the 1995 statute—modelled on the UNCITRAL Model Law—represented the substantive leap forward. It cemented modern standards and consolidated the reforms introduced during that pioneering period in Peru...

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