CHILE Law and Practice Contributed by: Andrés Jana, Rodrigo Gil, Francisco Grob and Victoria Demarchi, Jana & Gil Dispute Resolution
Jana & Gil Dispute Resolution Avenida Andrés Bello 2711 9th Floor Las Condes 7550611 Santiago Chile
Tel: +56 227 577 616 Fax: +56 227 577 813 Email: info@jg-disputes.com Web: www.jg-disputes.com
1. General 1.1 Prevalence of Arbitration
On 2 August 2024, ICSID Case No ARB/24/30 was registered before ICSID regarding a dispute between NC Telecom AS & others and the Republic of Chile in relation to sanctions imposed by the state for non- compliance with a 5G network deployment contract by WOM. Other consultation processes prior to inter - national investment arbitration initiated during 2023– 24 have not yet developed into arbitration requests. Industries With Decreased International Arbitration Activity The number of international arbitrations in Chile has gradually increased over time. There is not enough information to conclude which industries are experi - encing a decrease in international arbitration activity; however, in general, there has not been a decrease in any industry. 1.3 Arbitration Institutions By far the most widely used arbitration institution for international arbitration cases in Chile is the Interna - tional Court for Arbitration of the International Cham - ber of Commerce. Since 2017, the ICC has had a national committee in Santiago, joining forces with CAM Santiago to administer mediations and arbitra - tions in Chile under the ICC Rules of Arbitration (the “ICC Rules”). Furthermore, it should be noted that CAM Santiago administers both domestic and international arbitra - tions. The CAM Rules for International Arbitration (the “CAM Rules”) have been in force since 1 June 2006.
Given the extensive development of domestic arbitra - tion in Chile, in most cases – both with regard to for - eign companies that incorporate companies in Chile and Chilean companies – parties use domestic arbi - tration rather than international arbitration. As such, domestic arbitration is more widely used than inter - national arbitration, and it is rare for domestic parties to resort to international arbitration in Chile (see 1.3 Arbitration Institutions ). Notwithstanding the foregoing, there has been a ten - dency in the case of agencies of foreign companies to opt for international arbitration, mostly when the seat of arbitration is Santiago de Chile. 1.2 Key Industries Industries With Increased International Arbitration Activity In May 2025, the Santiago Arbitration and Mediation Centre ( Centro de Arbitraje y Mediación Santiago , or CAM Santiago) presented an annual statistical report on its activities during 2024. According to the report, 21 new requests for international arbitration were submitted to CAM Santiago in 2024. The number of requests in the energy sector was the highest encom - passing 33,4% of all international arbitration requests, and contracts for the provision of services were the most important underlying contract, accounting for 24% of the total number of requests.
117 CHAMBERS.COM
Powered by FlippingBook