Chile - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Author(s):

Antonio Ortúzar Sr.

Rodrigo Díaz de Valdés

Francisco Grob

Page Count:

16 pages

Media Description:

PDF from Baker & McKenzie International Arbitration Yearbook: 2010-2011

Published:

April, 2011

Jurisdictions:

Chile

Practice Areas:

National Legislation,

Bankruptcy of a Party,

Enforcement of Arbitral Awards,

Enforceability of Arbitration Agreements

Author Detail:

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.

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Description:

Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

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”). 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.

Table of Contents:

A. Legislation, Trends and Tendencies A.1 Legislative Framework A.2 Arbitration in Chile A.3 Main Features of the Chilean Domestic Arbitration Regulations A.4 Main Features of the ICA Law A.5 Enforcement of Foreign Arbitral Awards A.6 Trends B. Cases B.1 Application of the ICA Law B.2 Enforceability of the Arbitration Clause B.3 Application to Set Aside an Arbitral Award Rendered under the ICA Law B.4 Application of the Complaint Appeal in International Arbitration B.5 Enforcement of Foreign Arbitral Awards C. Insolvency Issues in Arbitration C.1 Bankruptcy Declaration and Its Impact on the Arbitration Agreement C.2 Foreign Bankruptcy Declaration C.3 Arbitration and Workout Agreements C.3.1 Preventive compromise C.3.2 Preventive compromise of corporations subject to the security and insurance agency’s supervision