{"id":290835,"date":"2026-05-25T18:00:00","date_gmt":"2026-05-25T16:00:00","guid":{"rendered":"https:\/\/dailyjus.com\/?p=290835"},"modified":"2026-06-02T14:22:53","modified_gmt":"2026-06-02T12:22:53","slug":"2025-arbitration-year-in-review-peru","status":"publish","type":"post","link":"https:\/\/dailyjus.com\/index.php\/2026\/05\/25\/2025-arbitration-year-in-review-peru\/","title":{"rendered":"2025 Arbitration Year In Review – Peru"},"content":{"rendered":"\n
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This article was featured in Jus Mundi<\/a>‘s 2025 Arbitration Year in Review<\/strong>, an annual publication analyzing arbitration developments across 40+ jurisdictions on 6 continents. This edition brings together young practitioners and senior experts to capture the year’s most significant legislative reforms, enforcement trends, and institutional innovations.<\/p>\n\n\n\n

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Download now<\/a><\/div>\n<\/div>\n<\/blockquote>\n\n\n\n
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THE AUTHORS:<\/strong>
Jos\u00e9 Daniel Amado<\/a><\/strong>, Partner, Miranda & Amado<\/a><\/strong>
Luis Alonso Navarro<\/a><\/strong>, Partner, Miranda & Amado<\/a><\/strong>
Michela Bertello<\/strong>, Associate, Miranda & Amado<\/a><\/strong>
Paula Silva<\/strong>, Associate,\u00a0Miranda & Amado<\/a><\/strong><\/p>\n\n\n\n

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Arbitration in\u00a0Peru<\/a>\u00a0saw notable developments in 2025.\u00a0<\/p>\n\n\n\n

In investment arbitration, Peru remained an active respondent before the\u00a0International Centre for Settlement of Investment Disputes<\/a>\u00a0(\u201cICSID<\/strong>\u201d), with a new claim registered, several ongoing annulment proceedings, and the issuance of the\u00a0Lupaka v. Peru<\/a><\/em>\u00a0award (2025).\u00a0<\/p>\n\n\n\n

On the commercial side, high-value public works and public procurement disputes continue to dominate the Peruvian arbitration market, and the high-profile\u00a0Rutas de Lima v. Municipalidad Metropolitana de Lima (I)<\/a><\/em>\u00a0saga continued, with the denial of an unsecured stay of enforcement of the federal judgment confirming the 2020 and 2022 awards by the Supreme Court of the State of New York, on June 17 2025 and the D.C. Circuit\u2019s 24 June 2025 decision affirming that federal judgment. Most recently,\u00a0on 18 November 2025, the U.S. District Court for the Southern District of New York<\/a>granted in part Peru\u2019s request for discovery under 28 U.S.C. \u00a7 1782, in aid of related Peruvian proceedings. The court ordered Brookfield Asset Management Ltd. and several financial and market institutions to produce due diligence, financial, and banking records concerning Brookfield\u2019s 2016 acquisition of its majority stake in Rutas de Lima, while limiting production where Peruvian bank-secrecy rules apply.\u00a0<\/p>\n\n\n\n

At the legislative level, the General Public Procurement Law (\u201cLaw No. 32069<\/strong>\u201d) and its implementing regulation entered into force, and RENACE, the national registry of arbitrators and arbitration centers, became mandatory with the issuance of Supreme Decree 016-2025-JUS. <\/p>\n\n\n\n

At the institutional level, the\u00a0CCL (Center of Arbitration of the Lima Chamber of Commerce)<\/a>\u00a0adopted its\u00a02025 Arbitration Rules<\/a>, which entered into force on 1 March 2025 and replaced the\u00a02017 rules<\/a>.<\/p>\n\n\n\n

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Investment Arbitration<\/strong><\/h2>\n\n\n\n

New ICSID Claim Registered: Brookfield<\/strong><\/h3>\n\n\n\n

On 27 March 2025, ICSID registered a new arbitration between\u00a0Brookfield v. Peru<\/a>\u00a0<\/em>under the\u00a0Canada-Peru Free Trade Agreement (2008)<\/a>\u00a0(\u201cCanada\u2013Peru FTA<\/strong>\u201d). Public statements by the investor indicate a damages claim of approximately\u00a0USD 2.7 billion<\/a>\u00a0arising from measures affecting the Rutas de Lima toll\u2011road concession, including restrictions on toll collection and subsequent State actions that Brookfield characterizes as expropriatory. The Brookfield filing marks an escalation from prior contract\u2011based disputes into treaty arbitration and aligns with high\u2011stakes award\u2011enforcement actions discussed later in this report.<\/p>\n\n\n\n

Ongoing Annulment Proceedings<\/strong><\/h3>\n\n\n\n

There are currently five ongoing annulment proceedings arising from earlier ICSID awards\u2014four initiated by Peru and\u00a0one<\/a>\u00a0initiated by the investor. These include:<\/p>\n\n\n\n