Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

In this paper, the author explores the discussion surrounding the validity of asymmetric arbitration agreements and examines the bases for their treatment in Peru. In several jurisdictions, these agreements are considered as an expression of the contractual freedom of the parties that allows them to design the means to solve their controversies. However, others prohibit it as it poses one of the parties in a disadvantageous situation. Faced with this dilemma, the author seeks to determine the compatibility of these agreements with the Peruvian legal system through the study of various issues emerged around them: consent, inevitability, equality, voidance, pathology, among others.The author seeks to reach an intuitive answer about the validity of asymmetric arbitration agreements, based on the scarce Peruvian legal dispositions, the foundations of arbitration and arbitration agreements and the arguments discussed both in favor and against by compared doctrine and jurisprudence.

In recent years, several national laws have become more favorable to corporate arbitration, which has contributed to its important development. In this context, the arbitrability of the challenge of corporate agreements is widely accepted. However, the intervention of legitimate third parties has resurfaced alleged deficiencies of corporate arbitration.In this article, the authors analyze the topic of legitimate third parties and the solutions proposed in comparative law. They aim to analyze the suitability of those possible solutions with the Peruvian legislation on arbitration and corporations.

Multi-tiered arbitration clauses encourage the parties to adopt agreements to resolve their disputes, allowing them to avoid litigation, the deterioration of their commercial relations and the costs of arbitration. The advantages they provide have established them as a common agreement in practice. In this paper, the authors analyze the effect of existing contradictory rulings on the binding nature of these agreements, given the opposite positions of the Peruvian Constitutional Court and the Superior Court of Justice. Taking into account the legal nature of arbitration recognized in Peru, the authors propose that when an arbitral tribunal is faced with a breach of these clauses, it should refer the parties to comply with the terms of their agreement, as soon as the first opportunity after hearing the parties.

There is a contractual relation between the parties to a dispute and the arbitrators, which entails the existence of rights and duties on both sides. When arbitrators breach their contractual obligations, their civil liability may be triggered and it is not limited to cases in which the award has been set aside. The civil liability usually arises in cases of gross negligence or wilful misconduct; however, the interpretation of those concepts is not uniform in different jurisdictions.In this article, the author makes a comparative analysis of different sources of the civil liability of arbitrators and presents relevant international case law. In addition, the article explains the arbitrators’ obligations such as the obligation to issue an enforceable award, to be independent and impartial, to ensure equal treatment of the parties and to maintain confidentiality.

Arbitral fees are not a frequent topic of conversation among people involved in arbitration. Likewise, by connoting a more commercial than legal aspect and implying economic remuneration for a dispute resolution service, it could even be uncomfortable. Despite this, it is necessary to reflect on the proper understanding of the rules used in the ordinary course of the professional practice of arbitration; that is, the regime of arbitration fees.In this article, the author makes a synthetic review of the arbitration fee regime, supporting both on the theory and the experience of arbitration institutions and legislations, in order to put into perspective, the different options that institutions and national arbitration laws have taken on this matter.

When referring to international commercial arbitration in Peru, two questions that have received little doctrinary reflection arise. These are, on one hand, the possibility that a Peruvian court may adopt a precautionary measure in assistance of a commercial arbitration based abroad and, on the other hand, the possibility of recognition by the Peruvian courts of a precautionary measure issued in the context of a commercial arbitration based abroad. They constitute the two sides of the same legal problem to which the author aims to reply by proposing a solution through a solid argumentative development. In this article, the author’s analysis departs from the importance of the right to effective international judicial protection, emphasizing on international precautionary protection. Moreover, he reflects on the duty of cooperation of the state courts in order to safeguard the effectiveness of precautionary protection in international commercial arbitration. At last, the author proposes certain criteria or parameters that would come in useful for the Peruvian state courts in order to adopt and recognize precautionary measures in support of international commercial arbitration when based abroad.

In arbitration matters, one of the cases in which the effects of the arbitration agreement can be extended to a non-signatory party is through the piercing of corporate veil doctrine. The doctrine justifies the existence of such theory in order to include into the arbitration process parent or related companies that use subsidiaries as a shell to commit abuses and defraud their creditors. Moreover, corporate doctrine, no matter the jurisdictional system, establishes that the piercing of corporate veil is a remedy that applies only when the defensive separation of assets is broken and liability is assigned to a parent o related company.In this article, the author exposes the confusion related to arbitration matters in the application of the piercing of the corporate veil as a non-signatory doctrine and as a substantial remedy. Thus, it proposes a harmonization of the figure, in order to stablish a comprehensive application.

This article seeks to highlight the work that arbitral institutions are undertaking to guarantee comprehensive arbitration protection, highlighting the adoption of interim measures, including the so-called ante causam interim measures. These measures, as their name suggests, are requested even before the claim is filed, when there is no arbitral tribunal, since it has not yet been formally constituted. The figure of the emergency arbitrator arises to deal with this need, avoiding that the decision on this type of measures is left in the hands of the jurisdictional bodies, mainly because of the difficulties that could arise from the determination of jurisdiction in international arbitrations.

The Peruvian Arbitration Law was inspired by the UNCITRAL Model Law on International Commercial Arbitration. Both rules empower arbitration tribunals to issue anti-process or anti-suit injunctions. These measures classified as precautionary measures aim to protect the jurisdictional monopoly granted by the parties to the arbitral tribunal to address the risk of two parallel proceedings and two contradictory decisions being issued. However, despite appearing to be a useful remedy in arbitral material, it has certain questions that diminish its application.In this article, the authors analyze such measures to address the questioning that limit its application to verify their efficiency and validity. It also assesses its requirements under international arbitration practice to corroborate whether they conform to the Peruvian regulatory framework.

A través de la presente investigación se pretende, además de llevar a cabo una caracterización sismotectónica del reborde septentrional de Crevillent, analizar la peligrosidad sísmica del municipio con base a la aplicación de una serie de métodos científicos (determinísticos, probabilísticos, EDS) y, a su vez, complementar los objetivos anteriores mediante la plasmación de un estudio vinculado al Riesgo Sísmico del municipio, profundizando para ello en la componente de vulnerabilidad. En este último apartado, se analizarán aspectos como por ejemplo la situación sociodemográfica actual del municipio, la vulnerabilidad sísmica de su parcelario urbano, la situación administrativo-legal del mismo en materia de riesgos o el papel que adquiere el enfoque de la Gobernanza del Riesgo, mostrando de esta manera la actual estructura organizativa de Crevillent así como los déficits que imposibilitan una buena gobernabilidad o gobernanza de los riesgos naturales.