Article published in THEMIS, Law Journal No. 77, pp. 265–283 (2020)
The emergency arbitration procedure has, without a doubt, managed to streamline and provide efficiency and speed to the Peruvian system of granting precautionary measures in favor of effective judicial protection before the constitution of an arbitral tribunal. However, said procedure could be undermined, and the precautionary relief granted could be frustrated, in certain situations, due to malpractice by one of the parties.
In this work, the author analyzes the existence of pathological scenarios in the Peruvian emergency arbitration procedure, which may undermine its purpose. Some of these scenarios correspond to guerrilla tactics used by the party affected by the precautionary measure. Others rely on regulatory gaps, and still others are even based on the regulation of the procedure itself, defrauding it through the irregular exercise of a right.
