Originally from Arbitration Law and Practice in Latin America - Second Edition

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I. INTRODUCTION: ARBITRATION IN PERU–HISTORY AND INFRASTUCTURE

A. History and Current Legislation on Arbitration

1. Historical evolution of law relating to arbitration

Arbitration is considered a jurisdictional way for the resolution of disputes, even it is applicable to public entities, and can be agreed with rules of national or international courts (Articles 63 and 139.1 of the Constitution). This route, managed by individuals and private institutions is the most used, is regulated by the Peruvian Arbitration Law, which respects the UNCITRAL model law.

The Justice Department issued a Law that promotes Alternative Dispute Resolution: conciliation, arbitration and mediation (Law 26872), performing free services nationwide, for any individual who wishes to resort to government centers.

Especifically regarding arbitration the current law on arbitration, (Legislative Decrete N° 1071 of June 27th, 2008; hereinafter “current law”) came into force on September 1st, 2008, replacing the General Law on Arbitration (Law N° 26572) which was in force from 1996. 

Law N° 26572, inspired by the UNCITRAL Model Law of 1985, was a good one. However, further perfection and improvements have been sought, taking into account the arbitration experience and changes made to the UNCITRAL Model Law of 2006 and foreign legislation on arbitration.

It can be said that the current law has been inspired by the following principles:

a) Strengthening the autonomous character of arbitration, of both ordinary jurisdiction and common procedural rules. 

b) Protecting arbitration from inappropriate interventions from the judiciary, restricting the judge’s participation to only what is necessary.