Annulment, Chile, Enforcement, International Commercial Arbitration, Latin America

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On January 30, 2025, the Constitutional Court of Chile issued a decision regarding a request for inapplicability due to the unconstitutionality of certain provisions of Law No. 19,971 on International Commercial Arbitration (“Law No. 19,971” or “International Commercial Arbitration Law”).1)Case Nº 15.144-2024, “Requerimiento de inaplicabilidad por inconstitucionalidad respecto de la expresión ‘sólo’, contenida en los…

Annulment, Chile, Ecuador, Latin America, Public Policy

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On October 18, 2024, the Santiago Court of Appeals rejected a petition seeking the annulment of an international arbitration award, once again providing strong arguments in favor of the validity of international commercial awards (Case No. 12506-2022). In the twenty years since the enactment of the International Commercial Arbitration Law (ICAL) No. 19971, no international…

Arbitration institution, Caribbean, Commercial Arbitration, ITA, Latin America

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In 2011, the ITA published its inaugural Guide to Arbitral Institutions in Latin America and an accompanying “Scoreboard.” The conclusion of this inaugural guide was: “The era of Latin American arbitral institutions has arrived. Building on a strong legal framework, arbitral institutions have emerged throughout the region.” This year, the Americas Initiative of the ITA…

Arbitration Institutions and Rules, Chile, Dispute Resolution, Dispute Resolution Boards, Italy

(Çetinel Law Firm), (Independent Arbitrator), and (Arbitration Chamber of Milan)/ /1 Comment

On January 1, 2016 the Milan Chamber of Arbitration (“Milan CAM”), issued Rules for Dispute Boards (“Milan Rules”) exactly one year after the Arbitration and Mediation Center of the Santiago Chamber of Commerce (“CAM Santiago”) did so in Chile (“Santiago Rules”). Milan CAM has around 950 mediation filings per year and over 130 arbitration proceedings…

ITA

(Independent Arbitrator)/ /1 Comment
Institute for Transnational Arbitration (ITA)

This post initiates a series of posts highlighting key cases published in ITA Arbitration Report, a monthly subscription service provided by the ITA Board of Reporters and available for free at KluwerArbitration.com. The three issues published during the 1st Quarter of 2016 contain more than 60 cases from different jurisdictions worldwide. The selection made for…

IBA Guidelines on Conflicts of Interest, IBA Rules of Evidence, Lex Mercatoria, Soft Law Instruments, Surveys, UNIDROIT Principles of International Commercial Contracts

(Independent Arbitrator)/ /1 Comment
Institute for Transnational Arbitration (ITA)

Between February and March 2014, the Survey on the Use of Soft Law Instruments in International Arbitration was open for responses here at Kluwer Arbitration Blog. The users were asked to report on their real-live encounters with the following instruments and notions: IBA Rules on the Taking of Evidence, IBA Guidelines on Conflicts of Interest,…

Legal Practice, UNIDROIT Principles of International Commercial Contracts

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Institute for Transnational Arbitration (ITA)

We are truly grateful to all those persons who have submitted answers to the survey. It will remain open until March 13, 2013. If you haven’t taken the poll yet, please do share your experience. You will contribute to the knowledge-building of the worldwide arbitration community. An analysis of the results will be published in…

Legal Practice, UNIDROIT Principles of International Commercial Contracts

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Institute for Transnational Arbitration (ITA)

A uniform regulation of substantive, procedural or ethical aspects of international commercial disputes through intergovernmental cooperation has proven to be an unachievable goal or hardly a goal at all. Nonetheless, while national laws are widely used as framework for international arbitration, a number of initiatives have emerged aiming at creating intrinsically international rules (soft law…