PERU Trends and Developments Contributed by: Renzo Salvatore Monroy Pino, Roberto Shimabukuro Miyasato, Anibal Jong Urtecho Gómez and Alexander Montenegro, Monroy & Shima Abogados
prehensive case preparation before filing, with limited opportunities to introduce new evidence later. The Civil Procedure Code recognises five primary forms of evidence: documents, witness testimony, expert opinions, judicial inspections and party state- ments. After the pleading stage, the court conducts an evidence admission hearing where it evaluates proposed evidence for relevance and admissibility. This judge-centred approach to evidence manage- ment reflects Peru’s civil law tradition but limits par- ties’ ability to develop evidentiary strategies reactively as cases progress. Interim relief: speed in an otherwise deliberate system Peru’s interim relief mechanisms represent one of the system’s more responsive elements. Courts can grant various precautionary measures including asset freez- ing, property seizure, preliminary injunctions and judi- cial administration appointments when a party dem- onstrates a plausible legal right, danger in delay, and proportionality of the requested measure. In urgent circumstances, these measures can be obtained within 24 to 48 hours, even on an ex parte basis without prior notice to the opposing party when notification would risk frustrating the purpose of the measure. This rapid response capability provides a valuable tool for litigants facing immediate risks to assets or rights, creating a notable contrast with the otherwise measured pace of substantive proceedings. Political instability and investment protection: defensive litigation strategies The political volatility since 2020 has fundamentally transformed the landscape for investors and potential litigants. Each administration since Martín Vizcarra’s impeachment has brought different approaches to foreign investment, from Pedro Castillo’s attempts to renegotiate mining contracts to Dina Boluarte’s efforts to restore private sector confidence. This environment has sparked renewed interest in protective litigation strategies and international investment protections. Peru maintains one of Latin America’s most extensive networks of investment treaties, providing substantive protections including
fair and equitable treatment guarantees and protec- tion against expropriation. Legal stability agreements offer an additional protective layer, freezing applicable legal regimes for periods up to ten years. Recent cases illustrate the increasing tensions between political volatility and legal certainty. The Bear Creek Mining Corporation case demonstrated how social and political pressures can lead to govern- ment decisions that violate international obligations, while the Latam Hydro case highlighted challenges in navigating between contractual obligations, regula- tory requirements and social pressures in renewable energy projects. Digital transformation and future trends: modernisation amid uncertainty Peru is implementing several significant reforms aimed at modernising its justice system. The comprehensive Digital Transformation of the Judiciary represents the most substantial initiative, introducing electronic fil- ing, digital case management, virtual hearings and electronic notifications across different court special- isms and regions, with nationwide implementation expected by 2027. Commercial disputes are evolving towards technolo- gy-related conflicts involving digital services, e-com- merce and data protection as Peru’s digital economy expands. Environmental and social responsibility disputes represent another growth area, particularly in natural resources and infrastructure sectors, often involving complex regulatory frameworks and multiple stakeholders. Strategic implications for litigants For those navigating Peru’s legal landscape, several strategic considerations emerge. Front-load case preparation Given the evidence submission requirements, com- prehensive case preparation before filing is essential. Leverage mandatory conciliation strategically Rather than treating pre-litigation conciliation as a mere formality, parties should use this phase to test settlement possibilities and understand opposing positions.
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