PERU Law and Practice Contributed by: Renzo Salvatore Monroy Pino, Roberto Shimabukuro Miyasato, Anibal Jong Urtecho Gómez and Alexander Montenegro, Monroy & Shima Abogados
5.6 Rules Disallowing Disclosure of a Document
6.3 Availability of Injunctive Relief on an Ex Parte Basis In Peru, ex parte injunctive relief is available where notice would frustrate the measure’s purpose, particu- larly in cases of asset dissipation, evidence destruc- tion or imminent harm. Applicants must show exceptional urgency with compelling evidence supporting claims and secrecy needs. Courts require a strong prima facie case, proof that notification would undermine effectiveness, and demonstration that harm without the measure out - weighs respondent harm. Security bonds are required. Injunctions are immediately executed with prompt respondent notification, allowing challenges through opposition proceedings. 6.4 Liability for Damages for the Applicant In Peru, applicants are liable for damages if injunctions are later discharged or found unjustified. When meas- ures are revoked or expire without pursuit, or when applicants lose cases, respondents can seek com- pensation for direct losses regardless of good faith. Security is required for all injunctive measures, espe- cially ex parte applications. This includes deposits, guarantees, mortgages or bonds, with judges deter- mining form and amount based on potential damages. Respondents must demonstrate actual losses through separate proceedings, using provided security as pri- mary compensation. This approach ensures recovery while deterring frivolous applications. 6.5 Respondent’s Worldwide Assets and Injunctive Relief In Peru, courts limit injunctive relief to assets within Peruvian territory due to sovereignty principles and jurisdictional limits. Courts lack direct enforcement power over foreign assets, making worldwide freez- ing orders unavailable. Courts may indirectly affect foreign assets by order- ing Peruvians not to transfer foreign holdings, creat- ing obligations with extraterritorial effects. Through international agreements, courts can request foreign jurisdictions to recognise Peruvian injunctions, though effectiveness depends on foreign laws and treaties.
Beyond legal privilege, Peru recognises several dis- closure exemptions: state secrets (national security); trade secrets (when disclosure harms commercial interests); personal data protection; banking secrecy; and professional confidentiality (doctors, journalists, religious ministers). Parties may refuse disclosure for irrelevant docu- ments, burdensome requests or legally destroyed documents. The opposing party must prove exemp- tion applies, with courts able to review contested documents privately. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief In Peru, injunctive relief requires demonstrating a plausible legal right, danger in delay showing irrepa- rable harm risk, and proportionality. Measures can be granted before or during lawsuits. Available forms include asset freezing, litigation anno- tations in public registries, temporary prohibitions or requirements, and judicial administrators for disput- ed assets. Anti-suit injunctions are not recognised, though courts can assert exclusive jurisdiction through declaratory judgments. All measures require security to cover potential damages if later found unjustified. 6.2 Arrangements for Obtaining Urgent Injunctive Relief In Peru, urgent circumstances allow expedited relief within 24 to 48 hours when irreparable harm is immi- nent. Ex parte applications without notice are permit- ted when notification would frustrate the measure’s purpose. The judiciary has mechanisms for urgent matters out- side regular hours with rotating duty judges available nights, weekends and holidays. Duty judges can be contacted through court secretaries for extremely urgent matters. Requesting parties must demonstrate genuine urgency and explain why delays would cause harm. Injunctions are immediately enforceable, though affected parties can challenge once notified.
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