On several occasions, the Superior Court of Justice of Lima/Perú has annulled awards for defects in the motivation of arbitration awards. I want to refer today to one of the most frequent cases: when the arbitral tribunal does not take seriously the expert evidence admitted in the framework of the process. For all, I will cite the case of...
Pursuant to Legislative Decree No. 1071, the Peruvian Arbitration Act, the award must be based on the law unless the parties make a different stipulation (Article 56). This means that the right to receive legal motives and the obligation to give them is an issue available to the parties in the civil sphere.
That is the percentage of women arbitrators on the list of the Chamber of Commerce of Lima . I assume that the percentage of other lists is not much higher in Peru or other places in the world.
There was always a deification of the difficult decision makers. The judge has been historically compared to divinities, to the extent that the faculty of judging has been attributed by many religions to their gods. The heavy hammer of the Viking god Thor, they say that it has arrived until our days, represented in the small hammer that the...
It was the summer of 1996, Lima was as usual hot and humid. I had just arrived from Brussels where I had studied, among other very innovative courses of the European master in legal theory, the latest shout of fashion in the cold and old continent: theories of legal argumentation.
There are multiple causes of poor communication: we do not read enough and we do not learn the necessary lexicon, we do not learn the correct technique in the early school stage, we do not get used to pose and solve problems through efficient argumentative processes, we do not practice this skill at the level university, so we ended...
There are a lot of opinions about competitions. A lot of people like them because they find them exciting, other people just hate them because in some occasions they find them unfair, or suppose too much effort, or simply they are just afraid to participate.
Tuvimos el placer de coordinar un panel de expertos en la VI versión del Congreso Regional de Arbitraje, organizado por el Instituto Peruano de Arbitraje y la Cámara de Comercio de La Libertad los pasados 7 y 8 de agosto. Tratamos los problemas que supone la anulación de laudos por la Corte Superior de Justicia de Lima.
No recuerdo quién me dijo hace muchos años la mejor definición de abogado-asesor que he escuchado: "el mejor abogado -dijo, es quien mejor asigna los riesgos en un contrato".