CHAPTER 7 - Chile - Interim Measures in International Arbitration
1 PDF Download
Originally from: Interim Measures in International Arbitration
The international commercial arbitration in Chile is governed by Law
N° 19,971; the International Commercial Arbitration Law (ICA Law),
which adopted the United Nations Commission on International Trade
Law (UNCITRAL) Model Law. Indeed, Chilean law makers drafted the
bill of the ICA Law entirely around said Model Law. The ICA Law was
published on the Official Gazette of Chile on September 29th, 2004.
Domestic arbitration, on the other hand, is governed by the Civil
Procedure Code (Código de Procedimiento Civil—CPC) and the Code of
Organization of the Courts (Código Orgánico de Tribunales—COT).
The CPC provides for three types of arbitrators:
• An arbitrator bound by law (“arbitrator at law”), who is obliged
to conduct the proceedings and to render his/her award as he/she
were a judge of a national court.
• An arbitrator in equity (“ex aequo et bono”) conducts the
proceedings and renders the award applying its own prudence
and principles of equity. The arbitrator is bound throughout the
hearing to the procedural rules agreed by the parties in the
arbitral agreement. In the absence of such rules, the arbitrator
must apply certain supplemental procedural rules of the CPC.
• A mixed arbitrator is an individual who, during the hearing, is
bound to the rules established by the parties, but renders his/her
arbitral award under the rules of the CPC as if he/she were a
judge of a national court.1
Finally, it must be mentioned that Chilean’s leading arbitral
institution for both domestic and international arbitration is the
Arbitration and Mediation Centre of the Santiago Chamber of Commerce