In Defense of Arbitration and the innocents in Peru

For 18 years I have been working as a full-time arbitrator. In addition to my practice I also work as a university professor and speaker in this area. During that time, I have met some of the arbitrators who today are subject to persecution by the Public Ministry and suffer accusations by a media that, without understanding the complexities of the field of arbitration, intends to become owner of the truth, leading to witch hunts being carried out where it only repeats, without subjection to analysis, an unfounded accusation by the prosecution. Which, under the purported banner of the fight against corruption, does not separate the wheat from the chaff.

In this sense, and using as a paradigm the case of Fernando Cantuarias Salaverry, we observe, as his defense has well maintained, that the arguments used by the Prosecutor show a gross ignorance of the theory and practice of Arbitration Law, which is essential to understand the dynamics of the arbitration process in general, and that of arbitration fees in particular. As a consequence, the request for preventive detention by the Public Prosecutor, and the judicial decision that, acknowledging it, has just ordered 18 months of preventive detention, are clearly delusional, contrary to law and alien to common sense.

This type of practice is reminiscent of the Spanish Inquisition, but without a doubt is much more dangerous for ordinary citizens. For bypassing common sense and law, justice disappears. And without it, everything is lost.

In addition, what is even more pernicious is the fact that the imputations of the Prosecutor and the aforementioned judicial decision, repeated and disseminated by the media, are assumed to be true by a large sector of the citizenry. With the consequent harm to the professional prestige and the honorability of the innocent arbitrators, who have built their careers and good name during many years of effort and dedication.

Hopefully soon, the truth and justice will be served, and such terrible damage will be corrected in some way, with the issuance of an appropriate and just resolution by the Criminal Court that will resolve the appeal filed.

Thank you for taking the time to read this article, and if you are interested in this or other arbitration issues, feel free to check my website and/or contact me.

Dr. Carlos A. Matheus López