Conflict Resolution & Arbitration Law in Peru
Suggesting litigious actions in Peru is usually the last recourse of action we at MONTEBLANCO & ASSOCIATES will ever advice a client. We know all too well the implications of entering into court in this jurisdiction; the corruption, the strikes, the lethargic nature of the beast, the corruption, and oh yes, let’s not forget THE CORRUPTION.
Peru is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards whose commitments were implemented under Law 26572, known as the General Arbitration Law (GAL), which also contains a special chapter on the recognition and enforcement of arbitral awards. It should be noted that, in accordance with Article 55 and subsequent articles in Peru’s Constitution, agreements concluded and in force are an integral part of domestic law in Peru, and as such, do not have to be expressly acknowledged in national legislation. Consequently, this Convention is twice acknowledged under Peruvian law; both through constitutional provisions and the General Arbitration Law itself.
Peru is also a party to the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (the Washington Convention) and, by extension, is a member of the International Centre for Settlement of Investment Disputes (ICSID). Peru is also a party to the Inter-American Convention on International Commercial Arbitration.
All of this being said, makes Peru a safe place to do business in as long as you employ the one golden rule of thumb; have counsel present and include mediation and arbitration clauses in all of your contracts. This will ultimately save you valuable time and money in the long run should the unexpected occur.
Contact MONTEBLANCO & ASSOCIATES to help you in your dispute resolution matters both locally and regionally.