Alert
Arbitration Alert – April 2026
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April 10, 2026
Draft Amendment to the Directive on Dispute Prevention and Resolution Boards (JPRD)
On April 9, 2026, the Draft Amendment to Directive No. 002-2025-OECE-CD (Version 2) was published, which governs Dispute Prevention and Resolution Boards (JPRD), within the framework of the amendments introduced by Supreme Decree No. 001-2026-EF to the Regulation of Law No. 32069.
Main provisions:
- Responsibilities: a new section is introduced establishing that all parties within the scope of application of the Directive are responsible for its compliance, and that failure to comply may result in administrative, civil and/or criminal liability in accordance with applicable regulations.
- Appointment of the Administering Center (CAJPRD): the rules are aligned with Article 346.3 of the Regulations, providing for (i) agreement between the parties, (ii) selection among alternative proposals, or (iii) a draw conducted through SEACE (PLADICOP).
- Timing of the Center’s appointment: the appointment of the CAJPRD must be carried out during the contract execution formalization process.
- Appointment and acceptance of adjudicators: the procedure is systematized:
- Sole-member JPRD: appointment by agreement of the parties or, failing that, by the Center;
- Three-member JPRD: each party appoints one adjudicator and the Center appoints the third, who acts as chair.
The timeframes for acceptance and the actions to be taken by the Center in case of rejection or lack of response are clarified.
- Deadline for the constitution of the JPRD: the maximum period of twenty-two (22) calendar days for the appointment, acceptance, and execution of the tripartite agreement is counted from the formalization of the main contract.
- Replacement of adjudicators: carried out in accordance with the same procedure established for the initial appointment, including requirements and the involvement of the Center.
- Model clause: the annex containing the JPRD model clause is removed, in line with the Standard Bidding Documents.
- Other relevant adjustments: provisions on challenges, impartiality, use of digital platforms (SEACE/PLADICOP), calculation of time limits, and regulatory systematization.
The draft has been published for comments for a period of fifteen (15) calendar days.