Centro de Conciliación y Arbitraje Nacional e Internacional de la Cámara de Comercio de Lima ("CCL"). - Centro de Análisis y Resolución de Conflictos de la Pontificia Universidad Católica del Perú ("CARC")

Both are in Lima, Peru.

Yes, there is, its name is Cámara de Comercio de Lima (Lima Chamber of Commerce) and Pontificia Universidad Católica del Perú (Pontifical Catholic University of Peru).

There are two main institutions. Both of them have the following bodies: the Higher Council of Arbitration, the Secretariat and the Panel of Arbitrators.

Both institutions have a list of arbitrators but are not compulsory. The parties are free to choose the arbitrators from the list of arbitrators that are not included. In the case that parties choose an arbitrator that is not included in the list, the arbitrator would go through a process of confirmation by the Higher Council.

The place of arbitration can be freely chosen by the parties even if is an ad hoc or institutional arbitration. By law, if the parties do not are the place of the arbitration, the Arbitral Tribunal would select the of the arbitration, according to the case.

We understand that the question is about the request for the beginning of the arbitration, in that order, the amount is USD 151.40  without VAT.

In the CCL the average cost with 1 arbitrator is USD 12,600.91 without VAT and the 20% of it would be to pay an administrative cost. In the CARC the average cost with 1 arbitrator is UDS 18,260.71  without VAT.

In the CCL the average cost with 3 arbitrators is USD 72,310.30 without VAT and the 20% of it would be to pay an administrative cost. In the CARC the average cost with 3 arbitrators is 98,874.00 USD without VAT.

According to the information of both institutions the cost of an arbitration with an amount in dispute beyond USD 4 million, the cost would be the same. For that reason, the answer is the same as the question 8b.

Both parties have to pay in equal shares the advances. If the defendant does not pay, the claimant is forced to pay the full cost, the same situation applies for default. However, we have a case representing the defendants in which the claimant does not pay and the defendant did, therefore, the arbitrators proceed only with our counterclaim.

Both institutions have formal procedures: -Arbitration request -Installation act. -Claim

In principle Spanish, it is also probable that both institutions can communicate in English.

The Secretary of the Arbitrators Tribunal. A specific secretary is assigned to each case.

The parties can choose a specific language for the arbitration, however, in principle, the language is Spanish. The selected language must be an official language from the institution.

The procedure is the same as the designation of the arbitrator replaced.

Yes. In case of multi-party arbitrations, each side (claimants and defendants) must name their arbitrators in consensus.

The arbitrators would decide the oral hearings unless the parties agreed not to have an oral hearing.

In Peru, the documentary evidence can be presented in copies or in electronic formats. Usually, in arbitration procedures, the parties present expertise reports, and this reports can be challenged by the other party. The rules are quite flexible in the stages for submitting evidence, nonetheless, if the Arbitrator considers improper at the time when submitted, would not take the evidence into consideration. All hearings are recorded in video. In Peru, the discovery is becoming a common practice.

In Peru the average duration of the arbitration is determine by the complexity of the case. However most of the cases have an average duration of 2 years.

Since the close of the arbitral actions, the arbitrators have between 30 to 45 business days to render the award.

Yes, only if the parties agreed to extend the time limit.

Yes, the Arbitral Tribunal can impose interim measures. Also, the parties can request to the judiciary for an interim measure only if the Arbitral Tribunal has not been established. The interim measures of the Arbitral Tribunal can be enforced with the assistance of the judiciary.

Yes the CCL provide an emergency arbitrator. However, the party that requested an emergency arbitrator must follow specific requirements.

Yes, the CCL is following the new rules of the ICC.

No. In Peru, arbitral awards are not submitted for scrutiny.

Costs are allocated by the Arbitral Tribunal in the Award according to their discretion. The rules do not endorse to the loser party to pay for the costs.

Yes, Arbitral Awards can be annulled in Peru. The reasons are the following: -The inexistence, voidness, invalidness or voidableness of the Arbitral Agreement. -One of the parties was affected in the service of process on the assignment of the arbitrators or one of the parties for any reason was not able to enforce their rights. -The establishment of the Arbitral Tribunal or the acts of the Tribunal is not according to the rules agreed upon by the parties or the regulation of the Arbitral Institution unless the rules set by the parties clash with the Arbitration Law. -The Arbitral Tribunal decide on a subject that was not under its jurisdiction. -The Arbitral Tribunal decide on a subject that by law cannot be resolved under Arbitration, for national Awards. -The Arbitral Tribunal decide on a subject that by law cannot be resolved under Arbitration or the Arbitral Award is contrary to the law and order, for International Awards. -The dispute was resolved after the time limit agreed by the parties in the arbitral regulation or the time limit set by the arbitrators.

Rules of CCL -https://www.camaralima.org.pe/repositorioaps/0/0/par/reglamento/reglamento%20arbitraje%202017.pdf
Rules of CARC -http://cdn01.pucp.education/carc/wp-content/uploads/2017/07/07145513/carc-reg-1-01-rev-1-reglamento-de-arbitraje.pdf

CCL model clause

All controversies, derived or related to this contract or agreement, will be resolved definitively by arbitration in accordance with the Arbitration Rules of the National and International Arbitration Center of the Chamber of Commerce of Lima, whose rules, administration and decision the parties submit unconditionally, stating that they know and accept them in their entirety.

CARC model clause

The parties agree that any litigation and controversy resulting from this contract or relating to it, shall be resolved through arbitration organized and administered by the Arbitration Unit of the Center for Analysis and Resolution of Conflicts of the Pontifical Catholic University of Peru in accordance with its current regulations, to which the parties submit freely, stating that the award issued in the arbitration process will be final and unappealable.