The diffuse control in arbitration

The constitutional parameters to be followed according to the jurisprudence of the Constitutional Court

Abstract

The following article showcases constitutional criteria that arbitrators, according to the Peruvian Constitutional Court ́s jurisprudence, should follow within use of diffuse control of legal constitutionality whenever facing controversies in arbitrations. A faculty but also the obligation to control norms the Constitutional Court extends to arbitrators though jurisprudence. Therefore, the aim is to reinforce use these standards to arbitral operators and encourage their use when considering to apply this type of control, unrestrained from their position of convenience or conviction to the extension of diffuse control in arbitration.