Business guilds and centers linked to arbitration They warned the intention of the Ministry of Justice and Human Rights (Minjus) to intervene in the regulatory framework of these dispute solution procedures, which would seriously affect legal certainty and investments.
As explained, in May 2024, the multisectoral working group for the improvement and updating of the regulations regulating this issue was created. However, it was concluded that to resolve controversies among private it was not convenient to modify the norm.
For cases in which the Peruvian State is part, it was agreed and presented a proposal of special norm. However, and for the strangeness of all, through RM 16-2025-Jus another group is created with the similar objective.
“(It is created) with an overwhelming majority of public officials and just four months after the previous group presented its conclusions, which were the result of the serious and dedicated work of professionals and experts,” the guilds indicated in a statement.
What are arbitrations?
The president of the Arbitration Center of the Chamber of Commerce of Lima (CCL), Gonzalo García-Calderón, said that companies that undergo this procedure redeem to a judicial process have several advantages.
“In the first place, the specialization, which allows the parties to choose expert referees in the field, even with specialization in the controversial point. In addition, there is procedural flexibility, since, unlike the judicial system, the parties have the freedom to Establish more agile procedures, which contributes to the speed mentioned above, “he said.
He also pointed out that arbitration is private, non -public, and consequently, the parties maintain a level of confidentiality in arbitration actions.
“The State has arbitration in public contracting matters and has its own law, the contracting law and its regulations, which address arbitral issues related to the public sector. However, for private ones there is a different law, the legislative decree 1071, which regulates arbitration in the private sphere, and that aims to be modified without the participation of the private sector, which is the main affected by any change that the Executive Power tries to introduce in this rule, “he said.
In that sense, he pointed out that when trying to modify the norm is subtracting contractual freedom, which is a constitutional precept. The private ones have freedom in the action and in the pact, in the face of what the State evidently has to limit itself to what the law orders.
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