Introduction

The Peruvian Constitution of 1993 establishes that arbitration is an independent jurisdiction, parallel to the Courts. According to that, the General Law of Arbitration of 1996 gives to the parties the right to submit their controversies exclusively to the arbitral jurisdiction. That means that the Courts, by themselves or by the request of one of the parties, cannot interfere in arbitration. Courts can take jurisdiction as a result of an appeal of the award, but only if the parties have previously agreed about such intervention as a second instance. If there is no ...