Peru passes new Consumer Arbitration System Regulations

The new regulations have been passed with the aim of ensuring the continuity of the Consumer Arbitration System (SISAC)[1] which, since its implementation, has only 51 supplier members.

The new regulations consolidate the different provisions regulating the SISAC[2] into one sole set of provisions and introduces changes to the regime, the most important of which are:

• The maximum term to issue an arbitral award has been reduced from 90 to 45 business days as of the admission of the petition for arbitration. However, the term of 45 business days can be exceptionally extended for the same term, depending on the complexity of the case or the need for further evidence; as opposed to the previous regulations, which provided for an extension of 15 days.
• The parties can now choose or specify the seat of arbitration in the agreement, which may be any of the national Consumer Arbitration Boards. In the absence of an agreement, the competent body will be the Consumer Arbitration Board of the city of the consumer’s domicile or, by default, the Consumer Arbitration Board allocated by the head office of Indecopi.
• The Arbitrator Single Registry (RUA) was created, which is available to the general public and managed by Indecopi. Registered arbitrators can resolve disputes between consumers and suppliers, irrespective of the place in which the arbitration takes place; unlike in the previous regulations, in which each Arbitration Board had its own list of arbitrators.  
• In addition, the general rule has been established that the Arbitral Tribunal must be comprised of one sole arbitrator, instead of a collegiate panel (3 arbitrators), unless agreed otherwise and provided the amount of the product or service subject to the claim exceeds 3 UIT (S/ 12,600.00).
• Under the new regulations, the parties can choose one sole arbitrator or two or more members of the Arbitral Tribunal to resolve the dispute, who then appoint the chairperson. In such cases, the arbitrators must be registered with the RUA. 
• Suppliers and business organizations can join the SISAC without restriction, in one or both of the following cases:

1. If they need to be a member to resolve their consumer-related disputes on certain products or services made available to consumers on the market.
2. If they require consumer arbitration only to analyze a claim for compensation of damnum emergens and/or loss of profit, being entitled to establish a maximum amount for such items and notwithstanding the consumer’s right to resort to a Court of Law to claim compensation for personal or moral damages, as the case may be.

[1]     The SISAC is an alternative dispute resolution mechanism that resolves disputes between consumers and suppliers in a binding and res judicata manner.

[2]     Repealed provisions:

• Supreme Decree 46-2011-PCM, passing the Consumer Arbitration System Regulations.
• Supreme Decree 49-2016-PCM, which determines the scope of the Consumer Arbitration System.
• Directive 5-2014/DIR-COD-INDECOPI, which regulates the Procedure of Appointment of Arbitrators.
• Directive 006-2014/DIR-COD-INDECOPI, which passes the Procedure for becoming a Supplier Member of the Arbitration System.
• Directive 006-2017/DIR-COD-INDECOPI, applicable to the Ordinary Consumer Procedures.
• Directive S/N establishing the rules on Territorial Jurisdiction of Consumer Arbitration Boards.