EL PROCEDIMIENTO ARBITRAL EN EL PERÚ 2024

Arbitral Procedure Overview

Understanding Arbitration as a Legal Process

• Arbitration is not classified as a jurisdiction; it requires the presence of a judicial body for its existence. Thus, it is characterized as a procedure rather than a process.

• The arbitral procedure consists of legally interconnected acts and has a trilateral structure involving an active party, an arbitral body, and a passive party.

Key Principles Governing Arbitration

• The procedure is governed by principles such as the principle of autonomy of will, which emphasizes that the arbitration process is primarily determined by the parties' intentions regarding its definition and development.

• Other essential principles include the right to be heard (audience), equality among parties, and the right to defense, ensuring all parties can present their case effectively.

Steps in the Arbitral Procedure

• The arbitration begins with acceptance from both parties regarding arbitration rules; they have the freedom to determine these rules themselves. This ensures equal treatment during proceedings.

• Arbitrators are bound by agreed timelines set by the parties; however, they may choose locations for hearings based on convenience for all involved. Language preferences for proceedings must also be established by mutual agreement between parties.

Filing and Responding to Claims

• Parties may appear personally or through legal representation when submitting claims; submissions must adhere to deadlines set forth in agreements or determined by arbitrators.

• Claims should detail relevant facts surrounding disputes and provide necessary documentation or evidence supporting their positions against claims made by opposing parties.

Conducting Hearings and Evidence Presentation

• The tribunal decides whether hearings will occur for presenting arguments or if written submissions suffice unless otherwise agreed upon by both parties. All hearings are private to maintain confidentiality during evidence presentation.

• Arbitrators hold exclusive authority over admitting evidence, determining its relevance, and ordering additional evidence presentation as deemed necessary throughout proceedings.

Judicial Assistance and Precautionary Measures

• Either party may request judicial assistance for evidentiary matters; this could involve presenting proof before competent judicial authorities if needed during arbitration processes.

• Precautionary measures can be adopted at any party's request to ensure effective enforcement of decisions made within arbitration procedures; these measures are temporary but crucial for maintaining order until final resolutions are reached.

Finalizing Proceedings: Reconsideration and Settlement

• Decisions made outside final awards can be reconsidered upon request from either party or initiated by arbitrators themselves within specified timeframes after notification of decisions made during proceedings.

• If an agreement arises during arbitration that resolves disputes partially or fully, arbitrators will conclude proceedings concerning those agreed-upon points promptly without further deliberation on unresolved issues remaining open-ended thereafter.