Chile - Baker & McKenzie International Arbitration Yearbook: 2011-2012
Antonio Ortúzar, Sr. is Of Counsel in the Santiago office of Baker & McKenzie
and the Chairman of its Dispute Resolution Practice Group. His areas of expertise
include litigation, domestic and international arbitration, antitrust, torts, product
liability, bankruptcy and insolvency. He is a listed arbitrator with the Arbitration
and Mediation Centre of the Santiago Chamber of Commerce.
Rodrigo Díaz de Valdés is a Partner in the Santiago office of Baker & McKenzie
and a member of the Dispute Resolution and Antitrust Practice Groups. He is
widely experienced in civil, commercial and constitutional litigation as well as in
arbitration. He also serves as arbitrator at the Center of Arbitration and the
Chamber Commerce of Santiago.
Francisco Grob is an Associate in the Santiago office of Baker & McKenzie and
member of the Dispute Resolution Practice Group. His areas of expertise include
arbitration, litigation and international law.
Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012
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CHILE
Antonio Ortúzar, Sr., Rodrigo Díaz de Valdés and Francisco Grob
A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Legislative Framework
Arbitration in Chile is primarily governed by the Organic Code of Courts (“OCC”), the Code of Civil Procedure (“CCP”) and Law 19.971 on International Commercial Arbitration (the “ICA Law”).4 Chile is also a signatory to the New York Convention, the Panama Convention and the ICSID Convention. Additionally, most of the free trade agreements as well as the BITs that Chile has entered into provide for specific arbitration mechanisms to settle disputes arising from their application.
CHILE
Antonio Ortúzar, Sr., Rodrigo Díaz de Valdés and Francisco Grob
A. Legislation, Trends and Tendencies
A.1 Legislative Framework
A.2 Enforcement of Foreign Arbitral Awards
A.3 Trends and Tendencies
B. Cases
B.1 Enforcement of an Arbitral Award Annulled at the Place of Arbitration
B.2 Enforceability of the Arbitration Clause
C. Public Policy in International Arbitration
C.1 Concept of Public Policy under Chilean Law
C.2 Violation of Public Policy as a Ground for Refusing Recognition of an Arbitral Award