Jurisdictional Warfare: The Ongoing Contest over Competence between Courts and Arbitral Tribunals

Abstract

Arbitration is a jurisdiction recognized by the Peruvian regulatory system, which arises from the free will of the parties to submit the resolution of any dispute to said jurisdiction, excluding it from ordinary or state jurisdiction. However, reality has shown that this agreement may be disregarded by one of the parties, who may seek to submit the dispute to the judicial system, resulting in two different and mutually exclusive jurisdictions hearing the same dispute. The purpose of this article is to analyze the above-described situation under Peruvian arbitration law, describing the main problems that may arise from such a situation and proposing some solutions to the aforementioned problem.