Chile

Chile, Latin America

(Cuatrecasas)/ /1 Comment

The Chilean Court of Appeals (the “Court”) recently rendered a decision that underscores the importance of impartiality in domestic arbitration proceedings (the “Decision”). Particularly, the Court annulled an arbitral award after a disciplinary recourse was filed by the respondent against a sole arbitrator and granted for a reason which is highly unusual: the metadata of…

Chile, International Commercial Arbitration, Latin America, Multiple parties

(Pellegrini & Rencoret)/ /Leave a comment

On 28 May 2024, the Chilean Supreme Court rendered a landmark ruling in Albemarle Limitada v Emaresa Ingenieros y Representaciones S.A. & Or (see Case No. 10854-2024). The case concerned an international arbitration seated in Chile under the Law No. 19,971 on International Commercial Arbitration (“LACI”), which follows the UNCITRAL Model Law. This case raised…

Chile, Good Faith, Intellectual Property, International Commercial Arbitration, Latin America

, (Cuatrecasas)/ /Leave a comment

In a recent decision dated April 8, 2024, a sole arbitrator seated in Santiago de Chile ruled in favor of Saudi Arabian Oil Company (“Aramco” or the “Claimant”) in an internet domain property dispute. The dispute between Aramco and Mr. Joaquín Poblete (“Mr. Poblete” or the “Respondent”) arose when Mr. Poblete registered and obtained property…

Chile, ICSID Arbitration, ICSID Convention, ICSID Procedure, ICSID Proceedings, Latin America

(Schellenberg Wittmer)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

In a decision dated 29 December 2023, the Chilean Court of First Instance upheld an earlier decision dated 7 November 2023, which had granted a pre-judicial conservatory measure in support of a potential ICSID arbitration. The ruling prevents the Telecommunications Regulatory Authority of the Republic of Chile (hereinafter, “Chile“) from calling performance bonds of approximately…

Bolivia, Brazil, Caribbean, Chile, Colombia, Guatemala, Latin America, Mexico

(Herbert Smith Freehills), (Barbosa, Müssnich & Aragão Advogados – BMA), and (BakerHostetler)/ /Leave a comment

The uncertainties faced by investors and stakeholders in 2023 was intensified by the notable shift in Latin America’s political regimes. The emergence of left-wing electoral victories echoed the political landscape of the 2000s, marked by ambiguity, volatility, and political risk. In the realm of arbitration, several jurisdictions have undergone significant developments. Mexico and Chilean arbitration…

Chile, Latin America, Set aside an arbitral award, Set aside an international arbitral award

(Ugarte & Correa) and (Ugarte & Correa - Abogados Chile)/ /Leave a comment

In 2004, Chile enacted Law No. 19.971 on International Commercial Arbitration (“LACI”) based on the UNCITRAL Model Law of 1985 (“Model Law”). This note describes, without assessing its merits, how the process to resolve an application to set aside awards has evolved in practice in Chile (“Application for Set Aside” or “Application”), the sole remedy…

Chile, Enforcement, Fair hearing, Latin America, Public Policy

, (Pellegrini & Rencoret)/ /Leave a comment

A recent ruling by the Chilean Supreme Court has clarified the extent of control that Chilean tribunals can exert when reviewing the procedural rules applied in arbitration awards seeking recognition in Chile (see Case N° 133.313-2022, dated 27 July 2023). Consistent with previous cases, the Court upheld a broad scope of freedom for parties to…

Chile, Emergency Application, Emergency Arbitrator, interim relief, Latin America

, (Claro & Cia)/ /Leave a comment

On 11 August 2023, the Santiago Arbitration and Mediation Center (“CAM Santiago”) – Chile’s main arbitration center – presented its new regulation on emergency arbitration, which was incorporated into the 2021 National Arbitration Rules (the “CAM Santiago Arbitration Rules”). The amended version of these rules also came into effect recently, on 1 September 2023.  …

Chile, International Commercial Arbitration, Latin America, Pro arbitration, Set aside an international arbitral award

, (Bofill Escobar Silva)/ /Leave a comment

On 12 May 2023, the Santiago Court of Appeals (“Court”) denied EP Petroecuador’s (“Petroecuador”) (Ecuador national oil company) petition to set aside a US$63 million international commercial arbitration award. The decision is consistent with the Court’s history of denying petitions to set aside international commercial arbitration awards and marks an important milestone for Servicios Integrados…

Chile, Competence-Competence, International agreement, Latin America, Party autonomy

, , (Jana & Gil Dispute Resolution)/ /Leave a comment

On December 20, 2022, Chile’s Supreme Court issued a ruling that has been praised by the arbitral community for its pro-arbitration stance in the face of an apparently pathological arbitration clause. In its decision, the highest court of Chile lent decisive support to key international arbitration principles, such as party autonomy, domestic minimum intervention and…

Chile, European Commission, European Union, Investment agreements, ISDS Reform

(King’s College London)/ /Leave a comment

The European Commission has published the Trade and Investment pillar of the Advanced Framework Agreement between the European Union (EU) and Chile (the Agreement), as politically concluded. This seeks to modernise the EU-Chile Association Agreement. Undoubtedly, it represents a success for the EU, as it reinvigorates its trade and investment agenda, particularly in light of…

2022 in Review, Argentina, Brazil, Chile, Colombia, Mexico, Peru

(Herbert Smith Freehills), (Barbosa, Müssnich & Aragão Advogados – BMA), and (BakerHostetler)/ /Leave a comment

After struggling with the adverse effects of the COVID-19 pandemic, 2022 remained a period of transition for Latin America.  New arbitration rules and protocols were adopted in jurisdictions such as Ecuador, Brazil and Mexico that reflected best practices born out of the limitations placed on arbitrations by the pandemic.  Other jurisdictions such as Colombia, Chile…

Administrative Contracts, Bolivia, Chile, ISDS, Latin America

, (Dentons Larraín Rencoret) and , (Dentons Guevara & Gutiérrez S.C.)/ /1 Comment

After the October 2021’s plebiscite, Chile began the process of drafting a new constitution, which was entrusted to a “Convención Constituyente“. After a year of work, on July 4, 2022, the final proposal was delivered to the President of the Republic.  The proposed constitution will be submitted to a ratifying plebiscite in September of this…

Chile, Enforcement, Investor-State arbitration, Pey Casado, Spain

, (Herbert Smith Freehills)/ /Leave a comment

The case involving Mr. Víctor Pey Casado, the President Allende Foundation, the 1960s Chilean newspaper “El Clarín” and the Republic of Chile – once the longest-running dispute in ICSID history – is certainly a complex one. The dispute has spanned more than twenty years, encompassing three different arbitration proceedings with three separate arbitral awards issued…

Arbitration, Chile, Colombia, ICSID, Investment, Investor, Mexico, Peru, State

(Payet, Rey, Cauvi, Pérez Abogados) and (Ministry of Economy of Mexico)/ /Leave a comment

On November 26, 2020, the #YoungITATalks session took place with the participation of representatives from government offices of different countries: Mairée Uran Bidegain (Chile), María Paula Arenas Quijano (Colombia), Cindy Rayo Zapata (Mexico) and Ricardo Ampuero Llerena (Peru). All panelists are or, at some point, were responsible for organizing and preparing the defense of States…

2020 In Review, Annulment, Appeal, Arbitration Awards, Arbitration Institutions and Rules, Bankruptcy and arbitration, Brazil, Chile, Colombia, Commercial Arbitration, Confidentiality, Corruption, COVID-19, Duty to Disclose, Emergency Measure, Enforcement, Judicial intervention, Latin America, Mexico, Peru, Transparency, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

Corruption, annulment of arbitral awards and court intervention mark the main developments for 2020 in Latin America.  Our contributors this year reported on the most important judicial decisions and legislative measures impacting the legal framework of various jurisdictions in the region. A new ‘hot topic’ arising from the COVID-19 pandemic is the interplay between arbitration…

Annulment, Appeal, Chile, Latin America, Party autonomy

, , (Cuatrecasas)/ /Leave a comment

The Chilean Supreme Court recently issued a decision that, on its face, respects party autonomy in international arbitration. But, it could do more harm than good. On September 14, 2020, the Chilean Supreme Court (the “Court”) entered a final judgement in the case CCF SUDAMERICA SPA, Rol Nº 19568-2020 (“CCF Sudamericana” or the “Decision”). The…

Chile, COVID-19, Emergency Law, International Commercial Arbitration, Santiago, Suspension of Proceedings

, (Ugarte & Correa)/ /Leave a comment

Chile confirmed its first case of COVID-19 on March 3, 2020. Since then, Chilean institutions have designed several solutions to adjust their operation during the sanitary crisis.1) Specifically, the President declared a “state of constitutional exception of catastrophe”, which allows the Executive branch to take an array of measures to face the sanitary crisis. See:…

Arbitration institution, CAM Santiago, Chile, COVID-19, Interviews with Our Editors, Latin America

(Locke Lord LLP) and (Herbert Smith Freehills)/ /Leave a comment

Welcome to the Kluwer Arbitration Blog, Ms. Letelier!  We are grateful for this opportunity to learn more about the Center for Arbitration and Mediation of Santiago (“CAM Santiago” for its initials in Spanish), and its administration of complex disputes, as well as about the attractiveness of Santiago as seat for international arbitration.    To start,…

2019 In Review, Chile, Colombia, Constitutional Court, Damages, Dominican Republic, Dual Nationals, Ecuador, Free Trade Agreements, Investment Arbitration, Latin America, Mexico, USMCA

(Locke Lord LLP)/ /Leave a comment

Introduction In 2019, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. While some of them were in line with expectations, some jurisdictions did deviate from their usual or expected approach to ISDS and surprised us in positive, but also in negative ways. Our authors did a tremendous…

BIT, Chile, Free Trade Agreements, Investment protection, Investment Treaties

and (King & Spalding)/ /Leave a comment

Chile is one of the most dynamic states in Latin America.  The World Bank has observed that “Chile has been one of Latin America’s fastest-growing economies in recent decades”.  And foreign direct investment has increased significantly in recent years.  As investment interest in Chile grows, it is important for both investors and international law practitioners…

Chile, Interim measures, National Courts, Seat of the arbitration

(Morales & Besa) and (University of Heidelberg)/ /Leave a comment

Throughout the years, Chilean courts and legislation have fostered a pro-arbitration and a pro-enforcement environment, favoring arbitration and recognizing the benefits that are generally attached to it. In such regard, the Civil Procedure Code, the Code on the Organization of Tribunals, the New York Convention on the Recognition and Enforcement of Arbitral Awards and Law…

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

(Çetinel Law Firm), (WAGEMANN Arbitration), 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…

Arbitration, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Investment Arbitration, Investment protection, Latin America, Mexico, Peru

, (Mayer Brown LLP)/ /Leave a comment

2015 has witnessed numerous interesting legal developments in the field of international arbitration in Latin America, although these have been wide-ranging in nature and have not always followed the same path. While some jurisdictions have taken legislative steps to introduce or consolidate pro-arbitration legislation in accordance with internationally accepted standards, others, perhaps influenced by negative…