I. General provisions
Article 1
Glossary
- Center: The Center of National and International
Conciliation and Arbitration of the Lima Chamber of Commerce.
- Arbitrational Agreement: An agreement through which parties
decide to submit to arbitration all and some controversies that had
arisen or may arise among them; an arbitrational agreement may
adopt the form of a compromising clause within a contract or that
one of a commitment.
- Court of Arbitration: Ruling Administrative body of the
Center.
- Defendant: The party required to make answer in a petition
for arbitration.
- Plaintiff: The party that formulates a petition for
arbitration.
- Claim or Defense Exposition: exposition on behalf of the
party which states the controversy points.
- Proceeding: Proceedings ruled by the regulations.
- Regulation: The current legal regulations.
- Arbitration Board or Board: It is composed of an arbitrator
or three or more members in odd number.
Article 2
Application scope of the regulation
When the parties, because of the application of the
arbitrational agreement or any other document, had agreed to submit
their controversies to the Center, they will be resolved according
to the current regulations, without prejudice of the amendments
that the parties might agree in writing.
Article 3
Notices
a) All notices or other communications that may or must be
drawn up in virtue of the current regulation, will be in writing
and delivered in person or by mail, or transmitted by telex, fax,
or any other means which may foresee their registration.
b) Except that parties agree differently, the communication
will be considered received if it is given to the addressee or
delivered at the address indicated in the contract. If neither one
is indicated, it may be delivered at his real address or habitual
residence. Assuming that no place might be determined, after a
reasonable inquiry, it will be considered received any notice which
had been mailed at the last known address or habitual residence of
the addressee through a certified letter or any other means which
may show attesting certification of such delivery.
c) The General Secretary may attest the notice, in person if
possible. He will do so through a writing down signed by himself on
the documents to be notified, and his title will state: I hereby
certify (time and date).
Article 4
Terms
a) To keep track of the terms, a communication will be
considered received the day it is delivered, under the remission
ways stated in Article 3, clause a. For notices by fax and telex,
the communication is said to be received the issuance date,
according to the electronic report.
b) To keep track of the term hereby stated, such term shall
begin the day after receiving the notice or any other
communication. If the deadline is a legal holiday or a non-working
day in the addressee´s residence or business site, the term shall
be extended till the next working day.
c) Except that both parties agree differently, terms may be
computed according to working days, unless calendar days are
clearly stated. Non-working days are stated in the above clause, in
addition to Saturdays and Sundays, as well as those days declared
as national mourning by the Executive Power. Arbitrators may
enable, with no exception and previously notifying to the parties,
non-working days to carry out specific proceedings.
II. Petition for arbitration
Article 5
Contents of the petition for arbitration
The party that wants to petition for arbitration in the Center
should address its petition to the Center General Secretary's
Office. The Petition should include as follows:
a) The arbitrational agreement, if so.
b) The intention to submit a specific conflict to arbitration,
if there is no arbitrational agreement, which will require the
acceptance of the other party.
c) The controversy, difference, disagreement, litigation or
matters they want to submit to arbitration, with a clear exposition
of the party interests, as well as the appropriate value.
d) The arbitrator or arbitrators names, or if they require the
Center Court of Arbitration to appoint one.
e) Names, addresses, legal address, phone numbers, telex,
faxes and any other references in order to address communications
and notices to the parties of the controversy as well as their
representatives.
f) The payment receipt on account of submission rate. This
payment will be used to cover proceeding expenses which the Center
may incurred at the beginning of such proceedings. If the
Arbitration Board does not fulfill its duties, the payment will
absolutely come into the Center, and will be used to promote
alternative means for the solution to conflicts.
Article 6
Communication of the petition for arbitration, first
hearing
The General Secretary's Office sends the other party a copy of
the petition referred in Article 5, giving a five-day term to
submit an answer. When the term is finished, the General
Secretary´s Office summons the parties to a hearing in order to
appoint arbitrators, if this has not been carried out before. In
the meantime, and without prejudice of Article 20, the General
Secretary´s Office shall try a conciliation between the parties. In
the event that one of them does not attend it, the Court of
arbitration will appoint.
Article 7
Representation and Counseling
Parties may be represented by representatives of their choice,
duly quilified (sic) and whatever nationality or profession they
have and able to be the party's lawyer. The representatives' names
addresses, telephone, telex, and fax numbers and other information
references, must be reported to the Center.
III. Composition and establishment of the arbitration
board
Article 8
Number of arbitrators
a) The Arbitration Board will consist of one single arbitrator
or three, as the parties agree.
b) As long as the parties had not come to an agreement
concerning the number of arbitrators, the Board will consist of one
single arbitrator.
Article 9
Appointment of three arbitrators
a) Whenever it is necessary to appoint three arbitrators and
the parties have not agreed a proceeding thereof, the arbitrators
will be appointed according to this article.
b) The plaintiff will name an arbitrator regarding his
petition for arbitration. The defendant will name an arbitrator
when answering the petition for arbitration. The two appointed
arbitrators shall, within the five days after the date of the
hearing referred in Article 6, name the arbitrator who will head
the Arbitration Board.
Article 10
Appointment of three arbitrators in the event that there are
various plaintiffs and defendants
When one of the parties, either plaintiff or defendant, is
composed of more than one person, the arbitrator they have to
appoint will be named by common agreement among all of them. If it
is not possible, the following article has to be fulfilled.
Article 11
Appointment by default
If a party does not appoint an arbitrator according to
Articles 9 and 10, the Court of Arbitration shall do so instead,
based on the list of arbitrators of the Center.
Article 12
Impartiality and independence
Arbitrators are subject to the Code of Ethics for arbitrators
and conciliators; and without prejudice thereof:
a) The arbitrator shall be impartial and independent.
b) The person proposed as arbitrator shall inform the parties,
the Center and other arbitrators who had been appointed, before
accepting his appointment, of any circumstance that does not
guarantee his impartiality, or will accept in writing that such
circumstance does not exist.
c) If, at any stage in the arbitration, new circumstances came
up which might create justifiable doubts related to impartiality or
independence of the arbitrator, the latter will immediately
disclose those circumstances to the parties and the Center.
Article 13
Acceptance
a) It is assumed that the arbitrator who accepted his
appointment has committed to have enough time to handle and carry
out the arbitration in a quick and efficient manner.
b) The person proposed for arbitrator will accept his
appointment in writing and report such acceptance to the
Center.
c) The Center will notify the parties of the establishment of
an Arbitration Board.
Article 14
Proceeding for rejection
a) The party that rejects an arbitrator must report it in
writing to the Center, the Board, and the other party; explaining
the reasons for that rejection. The appeal for rejection shall be
submitted within a five-day term right after receiving the notice
concerning that arbitrator's appointment or having knowledge of the
circumstances, that according to the party, have caused a
justifiable doubt in regard to the impartiality and independence of
the arbitrator.
b) If an arbitrator is rejected by either party, the other
party and/or the rejected arbitrator has right to submit the
corresponding plea. This right is exercised within a five-day term
after receiving the communication referred in the above clause;
keeping copies for the Center, the Arbitration Board and the party
which formulated the rejection.
c) The Arbitration Board, at its entire discretion, may
adjourn or continue the arbitration proceedings while the rejection
keeps pending on the determination of the Court of
Arbitration.
d) The other party may agree to reject or the rejected
arbitrator may quit at his will. In the event that either case
referred in this clause occurs, the arbitrator will be substituted,
but it does not mean that the reasons for rejection are
valid.
e) If the other party does not agree to reject and the
rejected arbitrator does not quit, the decision concerning the
rejection will be made by the Court of Arbitration according to its
internal proceedings.
f) The parties will not be able to ask for explanation
concerning the reasons for the above mentioned decision.
g) Without prejudice of this article, the Court of Arbitration
will,in accordance to its statutes resolve definitely the
proceedings for rejection of arbitrators.
Article 15
Replacement of an arbitrator
a) As long as it is necessary, a substitute arbitrator shall
be appointed, according to the proceedings stated in Articles 8 to
11.
b) Unless the parties agree something else, without prejudice
of the arbitrator´s powers, referred in Article 14, clause c);
proceedings shall not be adjourned while the substitution is
undetermined.
c) Whenever a substitute arbitrator is appointed, the
Arbitration Board, taking into account the parties' observations,
will determine, at its entire discretion, whether they have to
repeat or not some of the actions during the arbitration
proceedings.
IV. Arbitrational proceeding
Article 16
Beginning of an Arbitration Proceeding, fee payment
a) After appointing one or more arbitrators, they shall
proceed to establish the Arbitration Board.
b) In order to declare the proceeding open, the parties shall
previously pay off in equal amounts a hundred percent (100%) of the
expenses the arbitration may cause, according to the settlement
that the General Secretary´s Office shall timely provide them,
regarding the Fee Table of the Center, and the value of the
controversy matter. Unfulfillment by one of the parties determines
the application of Article 27.
c) The expenses referred in the previous clause consist of the
arbitrator's fees and fees for administrating the arbitration which
correspond to the Center. The Board may determine its fees should
be paid in parts.
d) If one of the parties does not pay off the sum required,
the party interested in the arbitration will pay the expenses. If
so, the interested party will have right to ask the Board to
establish punishments against the party that failed to pay,
pronouncing in regard to the matter in the arbitrational
award.
Article 17
Proceeding Alternatives
The parties, and in the absence thereof the Arbitration Board,
must choose to follow any of the following proceedings:
a) That the General Secretary's Office notifies the parties
concerning the establishment of the Arbitration Board and the
beginning of the proceeding, as well as the Arbitration Board
decision to ask the parties to submit simultaneously, within a
ten-day term, their defense expositions. The written exposition of
each party shall be communicated to the other one, so that they
answer each other within an unpostponable ten-day term.
b) That the General Secretary´s Office notifies the parties
concerning the establishment of the Arbitration Board and the
beginning of the proceeding, as well as the Arbitration Board
decision to ask the plaintiff to submit the claim within a (10)
ten-day term. The claim shall be communicated to the other party,
so that they answer each other within an unpostponable (10) ten-day
term.
c) In both proceedings, only the reconvention proceeds to
acquit the communication referred in the above clauses. The
reconvention shall be answered within an unpostponable (10) ten-day
term.
Article 18
Requirements of the claim or defense exposition
The claim or defense exposition shall contain:
a) The controversy, difference, disagreement, litigation,
question or questions submitted to arbitration; with a clear
explanation of the plaintiff's claims.
b) The evidence offered by the party submitting claim or
defense exposition.
c) The value of the controversy, difference, disagreement,
litigation, question or questions submitted to arbitration.
d) If so, the fine which according to the interested
party'scriterion shall be paid by the party that fails to fulfill
any essential requirement to carry out the arbitration, without
prejudice of what the award enforces.
Article 19
Hearing to settle controversy issues
With or without answer to the arbitration claim or to defense
expositions, within the term established for each proceeding in
Article 17, the Board may be able to summon the parties to a
hearing in order to establish controversy issues within the five
days after the deadline of the aforesaid term. The hearing shall be
attended by the parties'representatives and lawyers, if the parties
think it is necessary.
Article 20
Conciliation during the proceedings
Arbitrators are legally qualified to promote conciliation at
any time. If parties conciliate their claims before issuing the
award, arbitrators shall draw up an order of conclusion of the
proceedings, and the agreement shall acquire the quality of judged
matter. If both parties ask for and arbitrators accept so, the
conciliation shall be registered as an arbitration award according
to the term agreed by the parties, and it shall be registered the
same way an award is. When a conciliation is partial, the
proceedings continue in regard to other controversy issues.
Article 21
Seat and time for the arbitration
a) Arbitrational actions will take place in the Center
seat,unless the Arbitration Board decides differently, and because
of the nature thereof, they have to be carried out away from
fulfilling the obligation to administer proceedings they have
to.
b) The Arbitration Board may enable, through a resolution, the
performance of an action at a non-scheduled time and non-working
day.
c) It will be considered that the award has been dictated in
the arbitration site.
Article 22
Evidence
Unless there is a different agreement, the costs caused by the
evidence proceedings will be paid by the party which asked for such
proceedings, under warning of abandonment thereof. Arbitrators have
power to determine, in an exclusive manner, the evidence
admissibility, pertinence and value; in this sense they can:
a) Ask the parties for some explanation or information at any
stage in the proceedings.
b) Order through a written communication the proceeding of the
means of proof which they consider necessary.
c) In case of expert testimony, order the explanation or
extension of the expert mandate.
d) Declare due the corresponding terms for legal actions
already fulfilled by the parties.
e) Continue the arbitration proceeding though the lack of
parties activities and dictate the award based on actions already
carried out.
f) If they consider themselves appropriately informed, omit,
giving reasons, evidence which has not been proceeded.
Article 23
Evidence proceedings
a) Under petition of either party, the Arbitration Board may
hold as many hearings as they consider necessary to proceed
testimonial evidence, to proceed and submit expert appraisals, to
declare thereof and even to express orally the arguments.
b) If there is no petition, the Arbitration Board makes a
decision about whether the hearings referred in the above-mentioned
clause will be carried out. If not, evidence shall be tried based
on documents and any other material which turn out to be useful for
arbitrators, so they can make up their criteria thereof.
c) In case of holding a hearing concerning evidence
proceedings, the Arbitration Board will send notices to the
parties, at least three days in advance, stating date and time of
the hearing to be held.
d) Unless parties reach a different agreement, hearings will
be held in private and registered in acts, without prejudice of
written documents submitted by the parties. Magnetic records and
recordings can be used.
Article 24
Witnesses
a) Before holding a hearing, the Arbitration Board may ask
both parties to report the identification of the witnesses they
want to summon, as well as the reason for their testimony and the
importance regarding the litigation matter.
b) The Arbitration Board can refrain or reject the appearance
of a witness, whether eyewitness or expert, if the testimony is
considered superfluous or not adequate.
c) Each party can question, under the Arbitration Board
direction, any witness producing oral evidence. The Arbitration
Board can ask questions at any stage in the witness
testimony.
d) Whether by one of the party's choice or an Arbitration
Board decision, the witness' testimony may be submitted in writing
through signed statements, affidavits or any other forms. In this
case, the Arbitration Board can subject the testimony admissibility
to the witnesses' availability to produce oral.
e) Each party will be responsible for practical agreements,
costs and availability of witnesses they may summon.
f) The Arbitration Board will determine whether a witness
should leave the room or not at a certain moment of the
proceedings, specially during other witnesses' attestation.
g) In all cases, witnesses are obliged to tell the truth,
regarding all responsibilities established by the laws against the
person who commits perjury.
Article 25
Experts appointed by the Arbitration Board
The Arbitration Board can appoint one or more experts in
charge of reporting, in writing or through a especial hearing,
matters which the Arbitration Board itself will determine. Parties
must give the expert all the information he may ask for, so that he
can fulfill his duties as established by the Arbitration Board. Any
difference between an expert and a party will be resolved by the
Arbitration Board. Once the expert report is received and/or the
hearing is held, the parties will have the opportunity to give
their opinions within the term the Arbitration Board
establishes.
Article 26
Parties Summons to appear in court
The Arbitration Board has power to summon the parties to
appear in court at any time before drawing up the award, as long as
this contributes to clear the controversy, difference,
disagreement, litigation or questions submitted to
arbitration.
Article 27
Default
a) If the party which propitiated the arbitration decides
unjustifiably and unilaterally to quit the proceeding, once the
expenses referred in Article 16, clause c) are paid, they will have
right to be given back only fifty percent (50%) of the sum they
paid.
b) If the defendant, without asking for a consistent cause,
does not submit his answer, the Arbitration Board will be able to
continue the arbitrational proceedings and dictate the award.
c) The Arbitration Board may continue the arbitrational
proceedings and dictate the award if one of the parties, without
asking for a consistent cause, does not use their rights therein
and within the term established by the Arbitration Board.
d) If after being notified ten (10) days in advance, one party
does not pay the fifty percent (50%) out of the one hundred percent
(100%) they have to pay for arbitration expenses; the other party
is able to ask the General Secretary to issue a document thereof.
The sum specified in this document may be a subject to proceed
against the debtor.
Article 28
Allegations
The Arbitration Board can summon the parties to attend a
hearing in order to formulate their allegations once they have
finished evidence proceedings. In this case, each allegation can
last one hour as maximum; unless the Arbitration Board states this
has to be in writing.
Article 29
Voluntary abandonment and adjournment
Any time before giving notice in regard to the award, by
common consent and communicating this to the Arbitration Board, the
parties can abandon the arbitration. They can also adjourn the
proceedings according to the term they establish by common consent.
In case of abandonment, all arbitration expenses will be paid by
the parties in even parts, unless thay (sic) agree
differently.
V. Arbitrational award and other decisions
Article 30
Majority attendance and majority to resolve
a) The Arbitration Board deliberates regarding the
arbitrators' majority attendance, unless parties had agreed to bind
resolutions only with the attendance of all arbitrators.
Deliberations in the Arbitration Board are reserved.
b) Resolutions are dictated by arbitrators majority. However,
arbitrators may delegate among themselves the signature of the
corresponding resolutions.
c) Arbitrators cannot restrain themselves from voting at the
moment they have to give a decision on the award.
d) Arbitrators, who fail unjustifiably to attend meetings
summoned by the Arbitration Board, will be substituted and must
give the payment back received on account of arbitrator's
fees.
Article 31
Annulment and appointment of the annulling person
In tie (sic) cases, the Arbitration Board President's vote
shall make an annulment. If there is no a majority agreement, the
Arbitration Board's Presidents makes a decision.
Article 32
Justification to give a decision on the award
As soon as the term to answer the claim or the defense
exposition finishes, in accordance with Article 17, the Arbitration
Board may give a decision on the award, if they consider that the
evidence proceedings enable a criteria to resolve the controversy,
as long as the Arbitration Board has the material subjects to
fulfill Article 35 or 36 and the award legal requirements.
Article 33
Term to give a decision on the award
Unless parties agree differently, the duration of the
arbitration shall not exceed ninety working days, counted as of the
date in which parties were given notice through a resolution
declaring the arbitration proceedings open.
Article 34
Contents of the law award
If the arbitration is by law the award should contain:
a) Place and date of issuance.
b) Parties and arbitrators' names.
c) The matter submitted to arbitration and a reference summary
regarding parties' allegations and conclusions.
d) Value of the evidence supporting the decision.
e) Basis in fact and by right to admit and reject the
corresponding claims and defense expositions.
f) The decision.
Article 35
Contents of the conscience award
If the arbitration is by conscience or equity, the award must
contain Article 34 requirements, except for clauses d) and e), and
have a consistent cause.
Article 36
Term to fulfill the award
The award must be fulfilled immediately by the parties. The
Arbitration Board, dictating the award, may establish pecuniary
penalties if there is some delay in the fulfillment thereof.
Article 37
Notice regarding the award
The parties will be given notice concerning the award within a
five-day term after the issuance thereof.
Article 38
Award definitiveness
The award is definitive. No appeal can be proceeded against
awards dictated according to these regulations, unless parties
agree differently. In this case, the requirement to admit an appeal
consists of: submitting a payment receipt or deposit receipt in any
bank, or a solidary bond payable to the overcoming party, for a sum
equivalent to the sentence value stated in the award. The same
admissibility requirement is demanded for the appeal for annulment.
If the competent authority's decision determines that the
interested party presented, without being necessary, any of the
mentioned appeals, the other party shall be able to make use of
guarantees in their favor. The Center shall not issue any certified
copy without previously verifying the fulfillment of this
article.
Article 39
Registration and maintenance of the proceeding
The award declared by the Arbitration Board will be maintained
by the Center in an award record book. Documents, contracts and
original copies will be given back to the interested parties, if
they ask for them. If not, the aforesaid documents may be wasted
after a three-year term counting as of the date of the arbitration
proceeding conclusion. The delivery of documents shall be
registered and copies thereof will be made and filed if the Center
considers them necessary, at the cost of the requester.
Article 40
Suppletory (sic) rules
To everything parties have not come to an agreement about,
suppletory (sic) rules will be applied according to Law
26572.
Fee regulations
Article 1
Fees and Administrative expenses
Administrative expenses for services given by the Center of
National and International Arbitration of the Lima Chamber of
Commerce, hereinafter the Center, and arbitrators and conciliators`
fees are ruled by the regulations hereby, applying the fee
regulations in force as of the beginning date of the corresponding
proceedings.
Article 2
Approval of the Fee Table
The Directive Council of the Lima Chamber of Commerce approves
the Fee Table for arbitrators, as well as fees for the Center on
account of administrative services. To this effect the proposal of
the Court of Arbitration shall be taken into consideration.
Article 3
Conciliation expenses and conciliator's fees
a) Administrative expenses for the conciliation proceedings
correspond to the value resulting from the application of the Fee
Table.
b) The Center's General Secretary establishes the sum for the
conciliator's fees, applying the corresponding fee table.
Article 4
Arbitration Costs
a) Arbitration costs include arbitrator or arbitrators' fees
and administrative expenses. The parties are obliged to the
settlement thereof according to the appropriate Arbitration
Regulations.
b) The General Secretary will determine the administrative
expenses of the arbitration according to the established Fee.
c) Before proceeding to any expert appraisal, the parties, or
one of them, must pay a provision, fixed by the Arbitration Board,
which must be enough to cover fees and possible expert`s expenses.
The same criteria is applied to pay expenses related to any kind of
evidence.
Article 5
Submission rate
a) Each party, in a litigation submitted to conciliation
according to the conciliation Regulations, is obliged to pay one
hundred American dollars (US$ 100.-) on account of submission
rate.
b) Each petition for arbitration submitted, according to the
Regulations for Local Arbitration, must have enclosed one hundred
American dollars (US$ 100.-) and one thousand American dollars (US$
1,000) for petitions submitted according to the Regulations for
International Arbitration.
c) No petition for conciliation or arbitration, that does not
have enclosed a payment receipt of the corresponding presentation
rate, will be taken into consideration.
Article 6
Calculating the fees
To figure out administrative expenses and arbitrator's fees,
each successive portion of the value in litigation will be applied
to the rates of the fee table, then the resulting figures are added
up until the total result thereof is reached. If parties do not
come to an agreement concerning the value of the disputed matter,
the highest sum of those indicated by the parties will be taken as
a reference to calculate fees and administrative expenses.
Article 7
Fees for appointing an arbitrator through proceedings not
administered by the Center
The Center shall charge one hundred American dollars (US$
100.-) to appoint an arbitrator through a proceeding which is not
administered by the Center. Such sum shall be paid by the party
requesting that appointment, as it is considered a previous
requirement for the appointment. This fee covers expenses
concerning the services given by the Center in regard to the
appointment, as well as the decision concerning the appointed
arbitrator rejection or substitution.