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¡Atención árbitros, las cosas están cambiando en el sector construcción!: Building Information Modelling (BIM) como prueba en el arbitraje
(Pontificia Universidad Católica del Perú, 2025-12-19) Giles Ponce, Carlos
Building Information Modelling (BIM) is essential for orderly project management. Linked to international standardized construction contracts such as NEC (New Engineering Contracts), it contributes to the reduction of execution times and project cost savings, which, in public works, translates into a more efficient management of government resources. By concentrating information that is provided contemporaneously by all parties involved, it will contribute to generate in the arbitrators the conviction they require with a view to reaching material truth, thus contributing to a more solid motivation of the awards. This poses the challenge for arbitrators to become more skilled in the technical and technological aspects of construction disputes, in general, and in the technical evaluation of evidence, in particular.
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Los conflictos socioambientales en el contexto de los arbitrajes de inversión
(Pontificia Universidad Católica del Perú, 2025-12-19) Benzaquén Gonzalo, Licy; Scaramutti Rodríguez, Flavia
The purpose of arbitration, as a dispute resolution mechanism, is to resolve disputes arising between different agents, who decide by means of a contract to submit to arbitration the possible disagreement that could arise between them. In many cases, one of the parties to the dispute is a State, which celebrates an investment contract with a private agent. The phenomenon of climate change has been the subject of international arbitration in recent years, as it is a cross-cutting issue that today has repercussions on the planning and operation of various investment projects. In addition, investment projects also face obstacles related to state inactivity with respect to socio-environmental conflicts, such as the takeover of projects by native communities. The purpose of this article is to present a brief summary of some of the investment arbitration proceedings that we consider most relevant in resolving international conflicts related to climate change and the environment, and to determine some of the criteria adopted by investment arbitration tribunals and the relevance of each case discussed.
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El derecho a regular minerales críticos y el régimen internacional de inversiones: Una perspectiva desde Hispanoamérica
(Pontificia Universidad Católica del Perú, 2025-12-19) Hernández G., José Ignacio
Historically, Latin America, particularly Spanish America, has shown hesitance towards international investment law due to the principle of non-intervention and the Calvo doctrine’s influence. This stance contributed to the region’s opposition to establishing the International Centre for Settlement of Investment Disputes. However, by the late 20th century, there was a shift toward broadly defined bilateral investment treaties aimed at attracting investments more practically. An increase in arbitration claims prompted a reevaluation of the criticisms regarding international investment law, highlighted by recent cases in Ecuador and Honduras. This important perspective has been emphasized within the scope of climate change mitigation and adaptation policies, especially regarding the safeguard of the right to a healthy environment. The region now faces a choice: either relinquish this international investment law or keep the existing ambiguous treaties. Alternatively, it may reform international investment law to protect the right to regulate, particularly concerning host states’ economic policies, has recently concluded by the Inter-American Court of Human Rights in its Advisory Opinion OC-32/25 regarding the climate emergency. This is crucial for developing mechanisms to encourage foreign investment in critical minerals needed for decarbonization while upholding legitimate policies that protect the right to a healthy environment.
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Los árbitros y las recusaciones: Mejores prácticas para evitar recusaciones en Perú
(Pontificia Universidad Católica del Perú, 2025-12-19) Herrada Sánchez, Tatiana
This article identifies the main grounds for challenging arbitrators in Peru, particularly in arbitration proceedings related to public procurement. It analyzes national legislation, the rules of the most relevant arbitral institutions, and applicable international standards. The author compares Peruvian regulations with international practices and highlights the obligations arbitrators must fulfill regarding disclosure, impartiality, and independence. Based on this analysis, the article offers practical recommendations that help reduce the risk of challenges, strengthen procedural transparency, and protect the stability of the tribunal. The article also addresses corruption as a ground for challenge, considering the risk indicators defined by the ICC at the international level and the regulatory reforms adopted in Peru. It concludes that arbitrators must anticipate potential conflicts, disclose relevant connections, and act with integrity and professionalism throughout the arbitration. When arbitrators prevent challenges, they protect not only their own appointment but also the legitimacy of arbitration as an effective dispute resolution mechanism.
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Implicancias de la falta de pago durante la ejecución contractual en las contrataciones estatales en el Perú
(Pontificia Universidad Católica del Perú, 2025-12-19) Sánchez, José Antonio
One of the problems that arises in contracting with the state is the payment of compensation when there is conformity of the goods, services in general, and consultancies. Even though the contractors have the respective compliance, the state entities do not comply with the payment or do so in a deferred manner, greatly harming the contractor, because despite having complied with the obligations under their charge, they do not receive the agreed consideration, even having to go to a means of dispute resolution such as the arbitrator, in order to achieve payment. This lack of payment, or late payment, is not effectively sanctioned in Peru, and may generate acts of corruption or greater expenses for the contractor so that the entities comply with the obligations under their responsibility. In light of the above, it is proposed that public servants in charge of purchasing, logistics, or payment be appointed by SERVIR; that disciplinary action for failure to make timely payments be sanctioned by the Comptroller General of the Republic; that entities provide contractors with guarantees for timely payment; and, finally, for certain goods, entities may make payment upon delivery.

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