LA EVOLUCIÓN DEL MECANISMO DEL ARBITRAJE DE EMERGENCIA EN EL MUNDO Y SU IMPORTACIÓN AL PERÚ

Abstract

This paper intends, respecting the limits imposed by the suggested extension, to address the figure of emergency arbitration from its origins, identifying the substantial differences with the mechanisms that preceded it and that determine its increasingly frequent use. Likewise, the paper analyzes how this figure managed to be imported into arbitration practice in Peru, evidencing the reasons for its expansion and proliferation at the national level. Finally, it addresses a review of the main contingencies faced by the emergency arbitrator procedure for its practical application in the most arbitrated matter in Peru: public procurement. The author identifies the main challenges the figure faces to guarantee a fair and equitable procedure that is consistent with the principle of equal treatment.