International Arbitration Guide
Describe the international arbitration governing bodies/structure in your jurisdiction.
Under the Peruvian legal system, domestic and international arbitration are both ruled by Legislative Decree No. 1071, with specific exceptions in certain provisions for international arbitration. The Arbitration Act was directly influenced by the UNCITRAL Model Law. Based on a binding ruling issued by the Constitutional Court [supreme interpreter of our Constitution], arbitration is recognized as jurisdiction and is sheltered by the principles and rights of the jurisdictional function.
Describe any unique circumstances in your country that affect international arbitration (i.e., change in government, etc.).
On July 2021, a leftist political outsider won the presidential elections in Peru. The government plan of its political party included the proposal for Peru to denounce the ICSID Convention. The Prime Minister of Peru has also made strong statements, publicly rejecting the arbitration system in Peru. This has led arbitral institutions, practitioners, and Chambers of Commerce to defend the positive impact of arbitration for commercial transactions, investments, and public contracts.
Please provide a brief overview of your firms international arbitration capabilities (team members, experience as litigators in arbitration as well as experience as arbitrators).
Our Litigation & Arbitration department is led by Emily Horna, who is the Head of the team. Emily’s work has been early recognized in the most prestigious international rankings for her extensive knowledge and outstanding development in the field of arbitration. She has more than 10 years of experience representing national and foreign companies in their commercial disputes, and since her addition to Santiváñez Abogados, her expertise is becoming highly relevant in the energy sector disputes.
In which areas does your firm handle arbitration? (i.e., international investment, infrastructure, public works, energy, construction, etc.)
Santiváñez Abogados is a top-tier full-service firm possessing a stellar bench of lawyers in the Peruvian power arena. The team is well-equipped to handle a wide variety of mandates, including PPP projects and M&A transactions within the power sector, and is well-versed in regulatory matters. The Litigation and Arbitration team merges its expertise and sophisticated knowledge of procedural law, providing an interdisciplinary and integrated legal service to clients in highly regulated industries.
Which industries does your firm serve in this area (i.e., energy, insurance, public concessions, etc.)?
We represent public and private companies, mainly, in disputes related to the electricity, hydrocarbons, and telecommunications industries.
Does your firm provide lawyer representation or certified arbitrator resources, or both? Please describe.