Peru - Baker & McKenzie International Arbitration Yearbook: 2012-2013
Ana Maria Arrarte Arisnabarreta is a Partner in Estudio Echecopar associated with Baker & McKenzie International in Lima, Peru. Ms. Arrarte represents clients in civil and commercial procedural law matters, including arbitration, negotiation and conciliation. She is a member of the arbitrators’ lists at the Center for Local and Foreign Conciliation and Arbitration of the Lima Chamber of Commerce, the State Council on Procurement and Acquisitions, the American Chamber of Commerce, the Center of Arbitration at the Professional Association of Engineers of Peru and the Center of Arbitration at the Pontificia Universidad Católica del Peru. In addition to her practice, for the past 18 years, Ms. Arrarte has been a Professor at Peru’s most prestigious universities (Pontificia Universidad Catolica del Peru, Universidad de Lima, Universidad del Pacifico, among others). She has authored several articles on arbitration and litigation in both national and international law reviews, and has co-authored several books on litigation and arbitration.
A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Legislative Framework—Overview
Legislative Decree No. 1071 has been in force in Peru since September 2008, regulating arbitration (hereinafter, “Peruvian Arbitration Law”) and includes the main contributions of the UNCITRAL Model Law to Peru's arbitration practice and experience. This law is the result of a long evolution and consolidation process of arbitration practice in the country. One of the characteristics of the Peruvian Arbitration Law is the unification of the provisions that regulate both national and international arbitration. The same procedure governs both types of arbitration, except for specific regulations that differ from the general treatment when justified by the arbitration’s international nature.
A. Legislation, Trends and Tendencies
A.1 Legislative Framework--Overview
A.2 Training: A Key Element
B.1 ENERSUR v. EGEMSA et al. (pending)
B.2 KALLPA and EDEGEL v. COES (in excess of USD 100 million)
B.3 ACTIVOS MINEROS (settled--USD 140 million)
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures