Countries › Peru › Guide › 14. Disputes › Foreign judgments, jurisdiction clauses and cross border service and evidence in Peru: exequatur, reciprocity, apostille and letters rogatory

Foreign judgments, jurisdiction clauses and cross border service and evidence in Peru: exequatur, reciprocity, apostille and letters rogatory

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Last verified: 2026-10-28 · Status: Stable

A 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, including proof of reciprocity. Peruvian courts accept foreign forum clauses for patrimonial claims except over matters of exclusive Peruvian jurisdiction (land in Peru and civil claims from crimes there), abuse of right or public policy, and arbitration clauses are unaffected. Peru applies the Hague Apostille Convention since 30 September 2010 but is not party to the Hague Service or Evidence Conventions, so service and evidence abroad go through letters rogatory, and foreign requests only to serve or take statements need no exequatur.

USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026, from the Banco Central de Reserva del Perú statistics series PD04640PD. UIT amounts use the 2026 UIT of S/ 5,500 set by Decreto Supremo Nº 301-2025-EF, as cited in SUNAT Resolución de Superintendencia Nº 000016-2026/SUNAT. Conversions are for orientation only.

Key facts

Reciprocity required for foreign judgments	Yes, unless a treaty applies; presumed until disproved textCódigo Civil art. 2102 to 2104; CPC art. 838, as of 2026-10-28 · in force
Court for exequatur	Civil chamber of the Superior Court of the respondent's domicile textCPC art. 837, as of 2026-10-28 · in force
Number of recognition conditions in the Civil Code	8 (art. 2104) textCódigo Civil art. 2104, as of 2026-10-28 · in force
Official Spanish translation and legalisation of the full judgment	Required textCódigo Civil art. 2107, as of 2026-10-28 · in force
Exclusive Peruvian jurisdiction over land in Peru	Yes textCódigo Civil art. 2058.1, as of 2026-10-28 · in force
Hague Apostille Convention in force for Peru	2010-09-30 dateHCCH status table (accession 13 January 2010), as of 2026-10-28 · in force
Party to the Hague Service Convention	No textHCCH status table, as of 2026-10-28 · in force
Party to the Hague Evidence Convention	No textHCCH status table, as of 2026-10-28 · in force
Unidad Impositiva Tributaria 2026	5,500 PENDS Nº 301-2025-EF, as of 2026-10-28 · in force
SBS banking system selling rate, 27 October 2026	3.452 PEN per USDBCRP series PD04640PD, as of 2026-10-28 · in force

The rule

1. Peruvian courts have jurisdiction over patrimonial claims even against persons domiciled abroad where the claim concerns rights in rem over property in Peru (exclusive for land), obligations to be performed in Peru or arising from contracts made or acts done in Peru (exclusive for civil claims arising from crimes committed or producing effects in Peru), or the parties submitted to them; unless agreed otherwise, the choice of a court is exclusive. These rules only concern courts and do not affect the parties' power to submit patrimonial claims to arbitration. Choosing a foreign court is recognised unless the matter is of exclusive Peruvian jurisdiction, the choice is an abuse of right or it breaches Peruvian public policy. Appearing in a case without reservation is tacit submission.
Cost to do it: No cost; drafting an exclusive forum or arbitration clause avoids parallel proceedings.
Example: A New York forum clause in a supply contract with a Lima buyer is valid, but a dispute over title to a warehouse in Callao stays with Peruvian courts. / A US$5 million loan to a Peruvian borrower can be subjected to English courts, but enforcing the resulting judgment in Peru still needs exequatur.Código Civil, Decreto Legislativo Nº 295 (Libro X), MINJUS official edition of August 2014; art. 2058 last paragraph added by Decreto Legislativo Nº 1071 (28 June 2008), Art. 2058, 2059 and 2060, 1984-07-25 official text · verified 2026-10-28

2. Foreign judgments have in Peru the force granted by the applicable treaty. Without a treaty, they have the same force that the country of origin gives Peruvian judgments, and none if that country does not enforce Peruvian judgments or reviews them on the merits. Reciprocity is presumed, and whoever denies it must prove the negative. To be recognised, the judgment must also not decide matters of exclusive Peruvian jurisdiction; come from a court competent under its own private international law and general principles of international jurisdiction; follow service under the law of the place of the proceedings with a reasonable time and guarantees to defend; be res judicata there; not conflict with an earlier pending case in Peru between the same parties on the same subject; not be incompatible with an earlier recognisable judgment; and respect public policy and good morals.
Cost to do it: Proof of the foreign law on reciprocity and of service and finality usually needs legal opinions from the country of origin plus translations.
Example: A Delaware judgment against a Lima company is recognised if the respondent cannot show that US courts refuse or review Peruvian judgments, because reciprocity is presumed in the procedure. / A US$1 million default judgment can be refused if the Peruvian defendant was not served under the foreign law with a reasonable time to appear.Código Civil, Decreto Legislativo Nº 295 (Libro X), MINJUS official edition of August 2014; Código Procesal Civil, Decreto Legislativo Nº 768 (Congress archive text), CC art. 2102, 2103 and 2104; CPC art. 838, 1984-07-25 official text · verified 2026-10-28

3. The exequatur is filed with the civil chamber of the Superior Court of the place where the person against whom the judgment is invoked is domiciled. The request must attach a full copy of the judgment, duly legalised and officially translated into Spanish, and documents proving the conditions. Once declared enforceable, the judgment has the same force as a Peruvian judgment. Foreign judgments on non contentious matters do not need exequatur; legalised foreign judgments have the evidential value of public instruments without exequatur; and res judicata can be invoked inside a Peruvian case if the conditions are met. The same rules apply to other foreign decisions ending a case and to civil reparation in criminal judgments, but arbitral awards are governed exclusively by the arbitration law. A Peruvian court recognising a foreign bankruptcy judgment may order preventive measures from the filing, and local assets first satisfy creditors domiciled in Peru and claims registered in Peru.
Cost to do it: Official translation of the full judgment, legalisation or apostille, local counsel; the court returns a certified copy of the file at the end (CPC art. 840).
Example: A London judgment against a debtor domiciled in Arequipa is filed with the civil chamber of the Superior Court of Arequipa. / For a US$2 million foreign insolvency, the recognising court can freeze Peruvian assets from the filing, but Peruvian domiciled and registered creditors are paid first.Código Civil, Decreto Legislativo Nº 295 (Libro X), MINJUS official edition of August 2014; Código Procesal Civil, Decreto Legislativo Nº 768 (Congress archive text), CC art. 2105, 2106, 2107, 2108, 2109, 2110 and 2111; CPC art. 837 and 840, 1984-07-25 official text · verified 2026-10-28

4. Peru acceded to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents on 13 January 2010, and it entered into force for Peru on 30 September 2010. Public documents from other Contracting States therefore need an apostille instead of consular legalisation. Peru does not appear as a Contracting Party to the Hague Service Convention of 1965 or the Hague Evidence Convention of 1970.
Cost to do it: Apostille fee in the issuing country instead of consular legalisation; translation into Spanish is still required.
Example: A US court judgment for exequatur in Lima can be apostilled in the issuing state instead of being legalised by a Peruvian consulate. / A US$500,000 English judgment needs an apostille from the United Kingdom and an official Spanish translation before filing.Hague Apostille Convention (HCCH status table); HCCH status tables for the Service and Evidence Conventions, Apostille Convention status entry for Peru, 2010-09-30 official text · verified 2026-10-28

5. When a judicial act must be carried out outside the judge's territory, the judge commissions it by letter rogatory (exhorto), which may be addressed to Peruvian consuls, who have the judge's powers except coercive measures; the letter contains the request, the order, the necessary documents and the official letter, and the parties may take part in its execution. Letters rogatory from foreign judges that only seek service, statements or similar acts do not require the exequatur procedure, provided the request is in legalised documents duly translated where needed.
Cost to do it: Translation and legalisation or apostille of the request; transmission time through diplomatic or consular channels.
Example: A Lima court serving a claim on a Chilean defendant issues a letter rogatory, which can be executed through the Peruvian consulate for service. / A US court needing to serve a Peruvian company in a US$3 million case sends a translated and legalised letter rogatory, executed in Peru without exequatur.Código Procesal Civil, Decreto Legislativo Nº 768 (Congress archive text), Art. 151, 152, 154 and 839, 1992-03-04 official text · verified 2026-10-28

Instrument	Legal basis	Court	Reciprocity test	Key documents
Foreign court judgment	Código Civil art. 2102 to 2111; CPC art. 837 to 840	Civil chamber of the Superior Court of the respondent's domicile	Yes, unless a treaty applies (presumed)	Full judgment, legalised or apostilled, official translation, proof of service and finality
Foreign arbitral award	New York and Panama Conventions; DL Nº 1071 art. 74 to 78	Superior Court of the respondent's domicile or assets	No (Peru made no reservations)	Award and agreement, authenticated and translated
ICSID award	ICSID Convention art. 54	Competent court on a certified copy	No	Copy certified by the ICSID Secretary General

Foreign judgment or foreign award: which route in Peru

Worked example

A Texas company obtains a US$750,000 judgment in a Texas state court against a Lima distributor that appeared and defended the case. To enforce it in Peru, it gets a certified copy of the full judgment and proof that it is final, has it apostilled in Texas, obtains an official Spanish translation and files for exequatur with the civil chamber of the Superior Court of Lima. Reciprocity is presumed, so the distributor would have to prove that Texas courts refuse or review Peruvian judgments.
Once recognised, the judgment has the force of a Peruvian judgment and is enforced as a judicial title, for example through bank account retention orders against the distributor's S/ 2,589,000 equivalent debt.

Step by step

When drafting, prefer arbitration (New York Convention, no reciprocity test) or check whether a treaty with the forum country governs judgment recognition.
Make sure the defendant is served under the forum's law with time to defend, and keep proof for the exequatur.
Obtain the full judgment and proof of finality, apostille them (or legalise if the country is not an Apostille party) and get an official Spanish translation.
File the exequatur with the civil chamber of the Superior Court of the debtor's domicile and be ready to address reciprocity if challenged.
For service or evidence in Peru for a foreign case, send a translated, legalised letter rogatory; no exequatur is needed for service or statements.

Common traps

Judgments from countries that do not enforce Peruvian judgments, or that review them on the merits, have no force in Peru (art. 2103).
A pending Peruvian case between the same parties on the same subject filed earlier blocks recognition (art. 2104.5).
Foreign forum clauses do not work for land in Peru or civil claims from crimes in Peru, which are exclusive Peruvian jurisdiction (art. 2058).
Peru is not in the Hague Service or Evidence Conventions, so allow time for letters rogatory instead of central authority requests.
Appearing in a Peruvian case without reserving the objection is tacit submission to Peruvian courts (art. 2059).
The Civil Procedure Code text cited is the Congress archive version; check any later amendment to art. 837 to 840 before filing.

Sources

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