The Importance of Multidisciplinary Experience in Foreign Trade Arbitration

Foreign trade and free trade agreements generate complex disputes that transcend legal boundaries, requiring arbitrators with a comprehensive and ethically grounded approach. My tenure at the Vice Ministry of Foreign Trade, leading WTO negotiations, and at COMEXPERU, defending commercial interests, has given me deep insight into how international regulations shape economic relationships.

In a fictional Peru-U.S. FTA case, an exporter claims a tariff change violates the agreement. I would analyze the clauses and economic impact, submitting sworn interest declarations to ensure transparency.

In another example, a Peruvian importer and foreign supplier dispute a contract breach following a new customs rule. I would apply my consultancy experience to assess economic implications and my COMEXPERU role to negotiate a fair award, voluntarily lifting banking and tax secrecy to reinforce my independence. The IBA Conference’s "The Road to 2030" will explore how FTAs shape trade, and my multidisciplinary approach delivers resolutions that strengthen regional commerce.

The WTO Dispute Settlement Understanding (1994) emphasizes technical expertise, but in Latin America, where corruption has eroded trust, proactive transparency is equally vital. My economics and consultancy background complements these standards, offering awards that uphold integrity and competitiveness.

References:

• WTO. (1994). Understanding on Rules and Procedures Governing the Settlement of Disputes.

• Bhagwati, J. (2008). Termites in the Trading System: How Preferential Agreements Undermine Free Trade. Oxford University Press.