Determination of factual and legal issues: a guide for judges and arbitrators

Abstract

This article aims to criticize the actual understanding in Peruvian judicial and arbitration practice that the determination of controversial points merely consists in transcribing the requests of the complaint. Contrary to this, this text proposes that the judge or arbitrator should perform a truly activity of organization of the proce-dure, consisting in determining the relevant facts, the admission and exclusion of the evidence and the legal issues offered by the parties.