Parallel and Successive commercial arbitrations under peruvian law: are anti-arbitration injunctions a solution?

Abstract

Anti-arbitration injunctios are defined as restriction orders aimed at the definitive or temporary termination of parallel arbitrations. This paper addresses the competence of arbitrators to issue these measures in commercial arbitrations ruled by Peruvian law and demonstrates that they are null and void because they constitute (i) an indirect ruling on the competence of the parallel tribunal (a matter that is within its exclusive competence according to the competence-competence principle) and (ii) an interference in its independent management.