our days, the emergency arbitrator proceedings in peru are useful to guarantee the rights of the parties and to preserve the correct driving of arbitration. Due to its celerity and speciality, more practitioners are inspired to seek interim measures in such proceedings.
However, as the figure in Peru is consolidating, a series of doubts arise concerning the legal nature and effectiveness of the precautionary measures issued by the emergency arbitrators. Some of these doubts are the following: Does an interim measure granted by an emergency arbitrator necessarily require judicial recognition to be valid and effective? What are the legal consequences of not complying with such an order? Is there any remedy, in arbitration and/or civil matters, to protect the position of the injured party due to the breach of such precautionary measures?
These questions seek to be answered in this paper. To that, we will analyze the nature of the emergency arbitrator´s interim measures to demonstrate those orders are valid and effective under the Peruvian arbitration law without any judicial recognition. After that, we will identify the legal consequences of the breach of those measures under the Peruvian civil and arbitration law, differentiating between the consequences of the breach of a party and the breach of a third party.