The enforceability of awards is the most valued feature of arbitration. This alternative dispute resolution mechanism depends, almost entirely, on the efficiency of the final product it provides: the award. The quality of this instrument, however, may vary depending on the arbitrators in charge of rendering it and, most important, the institutions that fulfill the function of regulating the arbitral procedure.In this article, the authors propose that arbitral institutions in Peru implement the scrutiny of awards in order to improve the quality and enforceability of awards. This scrutiny aims to be an additional competition factor among them as well as it leads them to having a higher quality standard in the services they offer. This measure is in accordance with the users’ preferences and would demand great institutional effort, a technical design work, a strong policy in favor of inte...

The enforceability of awards is the most valued feature of arbitration. This alternative dispute resolution mechanism depends, almost entirely, on the efficiency of the final product it provides: the award. The quality of this instrument, however, may vary depending on the arbitrators in charge of rendering it and, most important, the institutions that fulfill the function of regulating the arbitral procedure.In this article, the authors propose that arbitral institutions in Peru implement the scrutiny of awards in order to improve the quality and enforceability of awards. This scrutiny aims to be an additional competition factor among them as well as it leads them to having a higher quality standard in the services they offer. This measure is in accordance with the users’ preferences and would demand great institutional effort, a technical design work, a strong policy in favor of inte...

In order to attract foreign investors to its territory, States tend to enter into international treaties and investment contracts in which they offer guarantees of a due exercise of government power. In case of breach, the investor may sue the State in an international arbitration proceeding and obtain a compensation for the damages caused. Therefore, recent judicial rulings aim to achieve a balance between guarantees and regulatory rights, which both investors and States should grasp. This article explains how arbitration works as a mean to solve tax related disputes between investors and States. Then, it presents the application of guarantees in arbitration, such as tax stability clauses or protection standards regarding expropriation and fair and equitable treatment.

In order to attract foreign investors to its territory, States tend to enter into international treaties and investment contracts in which they offer guarantees of a due exercise of government power. In case of breach, the investor may sue the State in an international arbitration proceeding and obtain a compensation for the damages caused. Therefore, recent judicial rulings aim to achieve a balance between guarantees and regulatory rights, which both investors and States should grasp. This article explains how arbitration works as a mean to solve tax related disputes between investors and States. Then, it presents the application of guarantees in arbitration, such as tax stability clauses or protection standards regarding expropriation and fair and equitable treatment.

In order to attract foreign investors to its territory, States tend to enter into international treaties and investment contracts in which they offer guarantees of a due exercise of government power. In case of breach, the investor may sue the State in an international arbitration proceeding and obtain a compensation for the damages caused. Therefore, recent judicial rulings aim to achieve a balance between guarantees and regulatory rights, which both investors and States should grasp. This article explains how arbitration works as a mean to solve tax related disputes between investors and States. Then, it presents the application of guarantees in arbitration, such as tax stability clauses or protection standards regarding expropriation and fair and equitable treatment.

The enforceability of awards is the most valued feature of arbitration. This alternative dispute resolution mechanism depends, almost entirely, on the efficiency of the final product it provides: the award. The quality of this instrument, however, may vary depending on the arbitrators in charge of rendering it and, most important, the institutions that fulfill the function of regulating the arbitral procedure.In this article, the authors propose that arbitral institutions in Peru implement the scrutiny of awards in order to improve the quality and enforceability of awards. This scrutiny aims to be an additional competition factor among them as well as it leads them to having a higher quality standard in the services they offer. This measure is in accordance with the users’ preferences and would demand great institutional effort, a technical design work, a strong policy in favor of inte...