Arbitration
ANDEARB — Arbitration Center organizes and administers arbitrations in which the parties have agreed to submit their disputes to this institution.
The award that concludes the proceedings is final, not subject to appeal and binding from the date of its notification, and has the force of res judicata (Legislative Decree 1071, Article 59).
Arbitration arises from an agreement. In the arbitration agreement, the parties remove from the Judiciary the disputes arising from a specific legal relationship and entrust their resolution to arbitrators whom they choose or whose appointment they delegate.
Where that agreement refers to an institution, the arbitration is institutional: the institution organizes and administers the proceedings, and the decision on the merits rests solely with the arbitral tribunal (Legislative Decree 1071, Article 7). The applicable rules are those in force at the time the arbitration is commenced, unless the parties agree otherwise.
ANDEARB administers domestic arbitrations at law in two areas: commercial and civil disputes over matters that the parties may freely dispose of under the law (Legislative Decree 1071, Article 2), and disputes arising from contracts subject to Law 32069, the General Public Procurement Law.
Four reasons to agree on ANDEARB arbitration
Specialization
The roster brings together professionals with proven experience in public procurement, infrastructure and commercial law.
Predictable time limits
The Rules set a time limit for each stage, and the Case Secretariat monitors compliance.
Confidentiality
The arbitrators, the case secretary and the Center are bound to keep the proceedings confidential (Leg. Decree 1071, Article 51).
Enforceability
If the obligated party fails to comply with the award, the interested party may request its enforcement from the competent court (Article 59).
Need an urgent measure? Emergency Arbitrator
If you require an urgent interim measure before the arbitral tribunal is constituted, you may ask the Center to appoint an emergency arbitrator.
Learn about the procedureHow does an ANDEARB arbitration unfold?
The general stages of an institutional arbitration, from the request to the award. The time limits for each stage are set by the Arbitration Rules.
Request
The interested party files its request with the Center. Unless otherwise agreed, the arbitral proceedings commence on the date of its receipt (Leg. Decree 1071, Article 33).
Answer and constitution of the tribunal
The request is served on the other party so that it may answer and appoint an arbitrator. The arbitrators accept their appointment and disclose any circumstance affecting their independence (Article 28); if a party fails to appoint, the Center does so.
Proceedings and hearings
The tribunal sets the procedural rules and timetable. The parties submit their written pleadings and evidence, and hearings are held with equal treatment and a full opportunity to present their case (Article 34).
Award
The tribunal decides the dispute in a reasoned award that is final, not subject to appeal and binding from the time it is notified (Article 59).