Santiago Arbitration and Mediation Center (Santiago CAM) - National Arbitration Institution Report - World Arbitration Reporter (WAR) - 2nd Edition

Elina Mereminskaya is Senior Associate at Bofill Mir & Alvarez Jana Abogados, Chile. Between 2007 and 2013 she served as Special Advisor for International Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago). Since 2003 she has been a Professor at the Faculty of Law of the University of Chile. Currently, she teaches the course on international commercial arbitration in the postgraduate school. Since 2012 she has served as Co-Editor of Arbitration ITA Reports, distributed by Kluwer International with support from the Institute for Transnational Arbitration. Ms. Mereminskaya studied law at Baltic University of Immanuel Kant (former Kaliningrad State University) where she graduated with highest honors (1996). She graduated with maximum distinction from LL.M. Georg-August University of Göttingen, Germany (1998) and held a doctorate degree in Law with magna cum laude, from the same University (2001).

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Originally from World Arbitration Reporter (WAR) - 2nd Edition

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I. BASIC INFORMATION

A. History and Background of the Institution

Chile has taken a dualistic approach to the regulation of arbitration. Chilean legislation applicable to international arbitration is based on the UNCITRAL Model Law for International Commercial Arbitration. Thus, it is very different from the legislation applicable to domestic arbitration, enclosed in the traditional and long predated Codes of Judicial Organization and of Civil Procedure.

CAM Santiago arbitration rules reflect this dualism between international and domestic arbitration. The Center offers arbitration under two different sets of rules. There are Rules of Arbitration Procedure designed for national proceedings (hereafter, also National Rules) and the Rules for International Commercial Arbitration adopted for the international realm (hereafter, also International Rules). This Chapter focuses on the latter. However, CAM Santiago’s rich experience in domestic arbitration is also used to explain the institutional backgrounds.

CAM Santiago’s history offers an example of a careful and successful private norm and practice development within a rather strict legal context. Since the very beginnings of Chilean Independency, the legislation has recognized and even fostered arbitration. Indeed, in several areas arbitration is not an alternative method for dispute resolution, but rather the mechanism ordered by law, with some possible exceptions. This concerns such every-day matters as inheritance, partnerships and company law.