Investor-State Arbitration 2025

PERU Trends and Developments Contributed by: Renzo Salvatore Monroy Pino, Roberto Shimabukuro Miyasato, Aníbal Urtecho Gómez and Alexander Montenegro, Monroy & Shima Abogados

Conclusion: navigating complexity with appropriate tools

For the Peruvian State, the challenge is finding a bal- ance between maintaining policy space to respond to legitimate social demands and honouring international those obligations crucial for attracting the necessary investment for economic development. This balance requires stronger institutions, more coherent policies, and better government co-ordination. Looking ahead, success both for investors and the State will depend on the ability to build more resilient and mutually beneficial relationships. This requires recognition that, despite political turbulence, Peru needs foreign investment for its development and investors need stability and predictability to commit long-term resources. Legal protection mechanisms are essential but, ultimately, sustainable solutions require addressing the fundamental causes of political instability and building consensus on foreign invest- ment’s role in national development.

Post-2020 Peru presents a challenging but not impos- sible landscape for foreign investment. Political insta- bility has created significant risks, but the country maintains solid economic fundamentals and abundant natural resources that continue to attract international investor interest. The key to success in this environ- ment is understanding and effectively utilising avail- able protection mechanisms while maintaining flex- ibility to adapt to changing circumstances. Investment treaties and stability agreements provide powerful tools for protecting investments, but they are not substitutes for active risk management and constructive stakeholder engagement. Investors who combine robust legal protections with adaptive opera- tional strategies are better positioned to navigate cur- rent uncertainty.

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