A. LEGISLATION, TRENDS AND TENDENCIES There have been no significant changes to Peruvian arbitration legislation in the last year.
B. CASES B.1 Arbitration Jurisdiction Depends on the Agreement of the Parties In 2013, in the case of CES-SISA,5 the Constitutional Tribunal ruled that a party may be subject to arbitration jurisdiction only in cases in which the party has previously agreed to submit to arbitration jurisdiction. In this case, the Consortium CES-SISA questioned the jurisdiction of a civil court to rule on a tort claim brought by the General Controllership of the Republic against it. The Consortium argued that as the claim was related to a contract concluded under the Peruvian Purchase Act, all controversies were subject to arbitration jurisdiction. The Constitutional Tribunal rejected this argument.