La problemática de la suspensión del arbitraje en el Perú

• Autor: Quispe Ochoa, Kevin Mateo
• Formato: tesis de maestría
• Fecha de Publicación: 2023
• Institución: Universidad de Lima
• Repositorio: ULIMA-Institucional
• Lenguaje: español
• OAI Identifier: oai:repositorio.ulima.edu.pe:20.500.12724/18412
• Enlace del recurso: https://hdl.handle.net/20.500.12724/18412
• Nivel de acceso: acceso abierto
• Materia: Arbitraje; Derecho procesal civil; https://purl.org/pe-repo/ocde/ford#5.05.00

This research paper addresses the analysis of the problem of the suspension of the arbitration process in Peru, an exceptional measure that some arbitrators could adopt when the validity or legality of the contract signed by the parties in the framework of an arbitration process has been questioned, not at the judicial level, but based on media speculation caused by a journalistic report or television medium. In these cases, if there are no judicial questions about the validity of the contract, it would not be enough to order the suspension of the arbitration process, therefore, the measure that these arbitrators would adopt would not only be unwise, but also detrimental to the process itself, since it would contravene the principle of celerity that governs all arbitration proceedings, this by generating unnecessary delays or delays. In addition, although the decision to suspend an arbitration process could be, in some cases, a practical measure for the arbitrators, since it would make it possible for them not to incur criminal liability, the truth is that it often harms the parties, inasmuch as it affects their right to effective judicial protection, but also the arbitrators themselves, since they could be sued for contractual civil liability. For this reason, it has been concluded in this research work that there should be a regulatory change in the Arbitration Law in order to regulate the power that arbitrators have to declare the suspension of an arbitration process. However, as long as the proposed regulatory change does not take place, three suitable and practical alternatives have been proposed that, in the opinion of the undersigned, could solve the problem raised.