How to file a request for arbitration?
General Secretary of the CCL Arbitration Center
Arbitration is an alternative dispute resolution method in which the parties, based on an agreement, agree to submit their disputes to the decision of animpartial third party called arbitrator, thus renouncing to resort to the ordinary jurisdiction, the Judiciary. This agreement to arbitrate, called an ‘arbitration agreement’, must be in writing and may take the form of a clause in a contract or a separate agreement.
Sample arbitration clause as part of the contract
“All controversies, derived from or related to this contract or agreement, shall be definitively resolved by arbitration in accordance with the Arbitration Rules of the National and International Arbitration Center of the Lima Chamber of Commerce, to whose rules, administration and decision the parties unconditionally submit, declaring to know and accept them in their entirety.”
Once an arbitration agreement has previously been concluded, in order to initiate the arbitration, the claimant must fill out an application which, according to Article No. 5 of the Center’s Arbitration Rules, must contain:
- The contact information of the parties and their representatives.
- A brief description of the nature and circumstances of the dispute.
- A preliminary statement of the plaintiff’s claims and, if possible, an estimate of their monetary value.
- The contract or any relevant agreement and, in particular, the arbitration agreement under which the claims are made.
- A reference to the arbitration agreement under which each claim is formulated, when claims are formulated under more than one arbitration agreement.
- The designation of the arbitrator where applicable and his or her contact information or, where applicable, the proposal on the number of arbitrators and the manner of their appointment.
- The proposal on the place of arbitration, the language of arbitration and the applicable legal rules.
- Proof of payment of the filing fee set by the corresponding tariff.
Following this list of requirements and information, the interested party may submit its application. To calculate the costs of the arbitration, you can click here: https://www.arbitrajeccl.com.pe/aao/calc/calc