The enforcement of judgments rendered by foreign courts, including

those relating to money obligations, is entrusted in Chile to the

ordinary courts established by law. The Executive Branch does not

intervene therein by virtue of the principle of separation of powers as

established in the political constitution of the Republic of Chile.1

 

 

The enforcement of judgments rendered by foreign courts is

generally controlled by international conventions or treaties. In absence

of a treaty or convention, the principle of reciprocity applies. Absent

any of the foregoing, the laws of Chile2 as a general principle establish

that the decisions of foreign courts shall have in Chile the same validity

as if they had been issued by Chilean courts provided that certain

requirements are met and that the Supreme Court of Chile approves

their enforcement in a special procedure named “exequatur.”

 

 

The tendency on the part of the State of Chile has been to give a

more ample and liberal application to this general principle. Thus, in

1978 one of the requirements for the enforcement of a foreign

judgment, that the decision not be rendered by default of the defendant,

was repealed. As from this 1978 amendment, it is sufficient to show

that the defendant had notice of the complaint.3

 

 

Not only judgments by judiciary courts may be executed but also

resolutions or awards issued by arbitrators.4 In 1975 Chile approved

the Convention on the Recognition and Enforcement of Foreign
Arbitral Awards. Completed in New York in 1958 by the United