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14. Disputes: Peru

Disputes in Peru: how arbitration seated in Peru works under Decreto Legislativo Nº 1071, how awards are annulled or enforced, the special rules for arbitrations with the Peruvian State, how foreign arbitral awards and foreign court judgments are recognised, and what the New York Convention and ICSID mean for investors, each tied to the official text. Argentina is also a New York Convention party and an ICSID Contracting State, so awards between Peruvian and Argentine parties move through those routes. The Argentine side is covered in The Argentine Thread guide.

Investor view. Constitutional backing for arbitration, minimal court interference, no automatic suspension of awards and New York Convention membership without reservations make Peru one of the region's most arbitration friendly places to enforce contracts.

• Courts, arbitration and enforcement in Peru: the arbitration law, annulment, foreign awards and judgments, the New York Convention and ICSIDThe Constitution recognises arbitration as a jurisdiction alongside the courts, and Decreto Legislativo Nº 1071 (in force since 1 September 2008) governs every arbitration seated in Peru. It keeps jud
• Commercial arbitration in Peru: tribunal, challenges, interim measures, confidentiality, awards and costs under Decreto Legislativo Nº 1071Arbitration seated in Peru runs under Decreto Legislativo Nº 1071, a party autonomy statute modelled on international practice: three arbitrators by default, 15 business day appointment windows and a
• Claims against the State in Peru: administrative litigation, public procurement arbitration and dispute boards, and collecting judgmentsAdministrative acts, silence and material actions of Peruvian public bodies can only be challenged in the contentious administrative process, usually within three months and after exhausting the admin
• Investment arbitration with Peru: constitutional basis, ICSID, contract law stability agreements and the State's coordination systemPeru's Constitution protects contract terms from later legislation, lets the State give guarantees through contract laws, and allows it to submit contract disputes to treaty tribunals and to national
• Insolvency and creditor claims in Peru: the INDECOPI concursal procedure, filing thresholds, the stay, creditor meetings and rankingCorporate insolvency in Peru is an administrative procedure before INDECOPI's Insolvency Proceedings Commission under Ley Nº 27809, not a court bankruptcy, and creditors decide between restructuring a
• Debt collection in Peru: executive titles, the single enforcement process, attachments and interim measuresCreditors holding an executive title (a final judgment or arbitral award, a conciliation record, a protested negotiable instrument, a public deed, a recognised private document and others) skip a full
• Pre suit conciliation and mediation in Peru: when conciliation is mandatory, the procedure, sanctions and enforceable agreementsBefore suing over most disposable civil and commercial rights, a claimant must request and attend extrajudicial conciliation at an authorised centre; a claim filed without that attempt is rejected for
• Consumer claims in Peru: complaint handling, the complaints book, INDECOPI procedures, fines, collective actions and consumer arbitrationAny business selling to final consumers in Peru, including foreign e commerce platforms targeting the Peruvian market, must answer complaints within 15 non extendable business days and keep a physical
• Limitation periods in Peru: civil prescription and caducidad, tax and labour periods, and the short statutory deadlines that kill claimsUnder the Civil Code, contract and other personal actions prescribe in ten years and tort claims in two, unless a special law says otherwise; only the law can set these periods and nobody can waive pr
• Foreign judgments, jurisdiction clauses and cross border service and evidence in Peru: exequatur, reciprocity, apostille and letters rogatoryA foreign court judgment has the force a treaty gives it or, without a treaty, the force its country gives Peruvian judgments; it needs exequatur from a Superior Court and must meet eight conditions,

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