Emergency Arbitrator
When an urgent situation cannot wait until the arbitral tribunal is constituted, the interested party may ask the Center to appoint an emergency arbitrator to rule, within a short time, on the necessary interim measures.
The emergency arbitrator is a sole arbitrator appointed by the Center on an exceptional and provisional basis, solely to decide applications for urgent interim measures while the arbitral tribunal has not yet been constituted. The emergency arbitrator does not decide the merits of the dispute.
What is it?
Once constituted, the arbitral tribunal may grant the interim measures it deems necessary (Legislative Decree 1071, Article 47). However, some time elapses between the filing of the Request for Arbitration and the constitution of the tribunal, during which the right to be protected may be defeated. The emergency arbitrator procedure bridges that gap.
The emergency arbitrator’s role is temporary: it is limited to deciding on the measure requested and ends when the arbitral tribunal is constituted and takes over the case, including the measure granted.
When to apply
An application is appropriate when a party needs a measure that cannot await the constitution of the arbitral tribunal. As a rule, the application must show:
- Urgency or imminent danger: any delay in obtaining the measure would jeopardize the right claimed.
- Risk of irreparable harm: the harm to be prevented could not be adequately remedied by the award.
- Prima facie case: the claim to be argued in the arbitration has a reasonable basis.
- Suitability of the measure: the relief sought is reasonable and proportionate to secure the effectiveness of the future award.
Typical examples include the preservation of assets, documents or evidence; maintaining the status quo pending the resolution of the dispute; or refraining from acts that could render the award ineffective.
Application requirements
- A written application addressed to the Center and signed by the party or its representative.
- Identification of the parties: name or company name, DNI or RUC, address, email address for notifications and details of their representatives.
- A copy of the contract and of the arbitration agreement submitting the dispute to the Center.
- A brief description of the dispute and, if already filed, a reference to the Request for Arbitration.
- The specific interim measure requested and the grounds for it: urgency, risk of irreparable harm and reasonableness of the measure.
- The evidence and documents supporting the application.
- An offer of counter-security or other guarantee, where applicable.
- Proof of payment of the emergency arbitrator procedure fee.
How does the procedure work?
A short procedure designed to reach a prompt decision without prejudice to the other party’s right to be heard.
Filing
The party files the application through the Virtual Filing Desk, together with its exhibits and proof of payment. The system issues a date- and time-stamped filing receipt.
Review and appointment
The General Secretariat checks the requirements and the Center appoints the emergency arbitrator within a short time [time limit pending]. The arbitrator discloses his or her independence and impartiality.
Notice and hearing
The arbitrator gives notice of the application to the other party, sets a short time limit for its response and, if deemed necessary, calls a virtual hearing.
Decision
The arbitrator issues a reasoned decision granting, denying or modifying the measure, and may require counter-security. The decision is notified to both parties.
Effects of the decision
- It is binding on the parties from the time it is notified.
- It is provisional: once constituted, the arbitral tribunal may confirm, modify or revoke it, on its own motion or at the request of a party.
- It does not prejudge the merits of the dispute and does not bind the arbitral tribunal when rendering the award.
- It may cease to have effect if the arbitration is not commenced within the time limit set by the Rules.
FAQ
Can I apply for an emergency arbitrator if the arbitral tribunal has already been constituted?
No. Once the arbitral tribunal has been constituted, interim measures must be requested directly from it.
Must I have filed the Request for Arbitration first?
Not necessarily. You may file the application before or together with the Request for Arbitration. If you file it before, you must commence the arbitration within the time limit set by the Rules for the measure to remain in effect.
Will the emergency arbitrator later decide the merits of my case?
As a rule, no. The emergency arbitrator’s mandate ends with the decision on the urgent measure. The merits are decided by the arbitral tribunal constituted under the arbitration agreement and the Rules.
How much does it cost?
The procedure has its own filing fee and emergency arbitrator’s fees, payable upon filing the application. The amounts will be published in the Schedule of Fees.
What if the other party is a State entity?
In disputes arising from contracts governed by Law 32069, interim measures may be subject to special rules under public procurement legislation. Review your case with your counsel and consult the General Secretariat before filing the application.
Can I file it outside office hours?
Yes. The Virtual Filing Desk receives applications 24 hours a day; those received outside business hours are logged on the next business day, with a stamp showing the actual time of receipt. If the urgency so warrants, please also notify the General Secretariat by email.
Submit an emergency arbitrator application
File your application and exhibits through the Virtual Filing Desk, under the “Emergency arbitrator” tab. You will receive a date- and time-stamped filing receipt, and the General Secretariat will review it as a priority.