INTERNATIONAL ARBITRATION 1/3LY
TECHNICAL 33
P ERU
INTERNAT IONAL INS T I TUT IONS IN L AT IN AMERI C A Recently, the ICC has reported an impressive 40 per cent increase in the number of Latin American parties in arbitrations during the 2014-2015 period; a total of 393 Latin American parties in 2,283 arbitration proceedings. Brazilian parties are still the largest users, in sixth place (91 parties equal to 3.99 per cent). The use of the ICC by Colombian, Panamanian and Peruvian parties is also notable. The increase in the number of arbitrators from Latin America, amounting to 185 appointments and confirmations is also remarkable. The ICC reported 71 Brazilian arbitrators (again the sixth most common nationality), 28 from Argentina, 10 from Chile, 23 from Colombia, and 8 eight from Peru. São Paulo in Brazil is the 10th most common ICC seat. However, 50 per cent of ICC arbitrations conducted in Brazil are domestic. With regards to the choice of law, Brazilian and Colombian law are the most common choice for governing law in the region. Recently, the ICC has also indicated that it will open a facility in Brazil. This strategy may increase the number of cases referred to the ICC for reducing and facilitating considerably the payment of the costs of the arbitration. During the 2014-2015 period, the London Court of International Arbitration (LCIA) saw that approximately 3 per cent of its users were Latin American. The LCIA also has representatives for Brazil, Colombia, Mexico and Chile. In 2015, the International Centre for Dispute Resolution (ICDR) opened an office in Miami directed at South American and Caribbean countries. The ICDR also works in collaboration with local institutions, such as the CCBC in Brazil and Amcham Bogota, in Colombia. The increase in the number of Latin American parties in international arbitration has been constant and notable both within Latin America and on the global stage. With increased investment into the region and a pattern of globalisation (with arbitration being the natural ‘home’ for international dispute resolution) this trend seems likely to continue.
Similar to Colombia, the Peruvian Arbitration Act (2008) provides separately for international and domestic arbitration. Also, similar to other Latin American countries, the arbitration law in Peru is based on the UNCITRAL model law. The most used arbitral institutions in Peru are the Centro de Arbitraje de la Cámara de Comercio Americana del Peru (AmCham – Peru), established in 2002, and the Centro de Conciliación y Arbitraje Nacional e Internacional de la Cámara de Comércio de Lima (LCC – Lima), established in 1993.
Both institutions boast foreign arbitrators among their members. AmCham Peru’s list has 242 arbitrators, 57 being of foreign nationality, whilst 15 per cent of the names in the LCC – Lima’s roster are foreign arbitrators. Both AmCham – Peru and LCC – Lima do not publish their statistics.
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