PERU Law and Practice Contributed by: Renzo Salvatore Monroy Pino, Roberto Shimabukuro Miyasato, Anibal Jong Urtecho Gómez and Alexander Montenegro, Monroy & Shima Abogados
14.2 Growth Areas Technology-related conflicts are Peru’s main commer- cial dispute growth area, particularly involving digital services, e-commerce and data protection. As Peru’s digital economy expands, disputes concerning online marketplaces, payment systems and technology ser- vice agreements have increased substantially, pre- senting novel jurisdictional and applicable law chal- lenges due to their cross-border nature. Environmental and social responsibility disputes rep- resent another significant growth area, particularly in the natural resource and infrastructure sectors. These often combine technical environmental questions with community rights issues, creating multifaceted con- flicts challenging traditional resolution mechanisms. Additional growth areas include financial services dis- putes as Peru’s banking sector develops more sophis- ticated products, and construction/infrastructure dis- putes amid Peru’s development push. This growing complexity drives demand for specialised tribunals, expert arbitrators and innovative case management approaches capable of handling technical and multi- jurisdictional dimensions efficiently.
nal arbitration agreements, and translations if needed. Both processes typically conclude within three to six months for straightforward cases, with the Arbitration Law prohibiting merits review during enforcement, focusing courts solely on implementing award terms while respecting arbitration’s finality. 14. Outlook 14.1 Proposals for Dispute Resolution Reform In Peru, several significant dispute resolution reforms are advancing to modernise the justice system. The most substantial is the Digital Transformation of the Judiciary, implementing electronic filing, digital case management, virtual hearings and electronic notifica- tions in phases across different court specialisms and regions, with full nationwide implementation expected by 2027. The pandemic accelerated technology adop- tion, with Civil Procedure Code amendments being finalised to permanently incorporate digital proce- dures. Another important reform proposes to expand man- datory conciliation, with draft legislation extending pre-litigation conciliation requirements to additional dispute categories and strengthening enforcement mechanisms for agreements. In arbitration, pro- posed amendments to Legislative Decree 1071 seek to enhance transparency in state entity arbitrations, clarify arbitrator disclosure requirements and establish more efficient interim measure procedures. Additional specialised commercial courts with judges trained in complex business disputes are being proposed, along with a comprehensive Civil Procedure Code reform to simplify procedures, reduce formalism and incor- porate international practices such as case manage- ment conferences. Most reforms will be implemented gradually between 2026 and 2028, with digital trans- formation leading and procedural reforms following as consensus develops.
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