CHILE Law and Practice Contributed by: Andrés Jana, Rodrigo Gil, Francisco Grob and Victoria Demarchi, Jana & Gil Dispute Resolution
However, owing to practices adopted by some law - yers, parties in Chile have continued including the domestic arbitration model clause in contracts that qualify as international arbitration under Law No 19,971 on International Commercial Arbitration (ICAL). As a result, during the past few years, CAM Santiago has administered various international arbitrations governed by the ICAL – albeit under its domestic arbitration rules. Notwithstanding the foregoing, the general trend is to conduct arbitration under interna - tional arbitration rules. There have not been any new arbitral institutions established in Chile in 2024–25. 1.4 National Courts Domestic Arbitration National courts may hear disputes related to domestic arbitrations in matters involving: • challenging the award; • the nomination of the arbitrator(s); • preliminary relief; The challenges against arbitral awards rendered by domestic arbitrators are heard by the court of appeal of the place of arbitration and by the Supreme Court. Moreover, the decision of the court of appeal or the second-instance arbitral tribunal “in law” that reviewed the arbitral award by the arbitrator “in law” in the appeal can be set aside on specific grounds by the Supreme Court. In this regard, in Chile, the waiver of challenges against arbitral awards rendered by domestic arbitra - tors is allowed and is the general rule. However, for reasons of public policy, there are two challenges that cannot be waived: • el recurso de queja and • el recurso de casación en la forma on the grounds of lack of jurisdiction and ultra petita. • the production of evidence; and • the enforcement of the award, etc. Moreover, whether the parties wish to appoint a sin - gle- or multi-member tribunal, if no agreement can be reached on the name(s) of the arbitrator(s), a national
court will appoint a single arbitrator by default (Article 232 of the Code of Judicial Organisation (CJO)). As regards preliminary relief, if the arbitral tribunal has not yet been constituted, parties must request the pre - liminary relief before a national court (see 6.2 Role of Courts ). CAM Santiago incorporated emergency arbi - tration into its National Arbitration Procedural Regula - tion as of 1 September 2023. This new mechanism allows parties to request prejudicial measures either before CAM Santiago or ordinary courts of justice, providing an expedited procedure for establishing an Emergency Arbitral Tribunal capable of resolving urgent precautionary measures. Parties can request national courts to order the enforcement of an arbitral award. National courts may also aid domestic arbitrators or parties in the taking of evidence. International Arbitration National courts may hear disputes related to interna - tional arbitrations in matters involving the following. • Setting aside the award – according to Article 11 of the ICAL (see 2.1 Governing Law ), the court that has jurisdiction to hear challenges against the deci - sions of an arbitral tribunal is the court of appeal of the place of arbitration (see 11.1 Grounds for Appeal ). The Supreme Court has no jurisdiction. • The recognition and enforcement of the award – national tribunals also have jurisdiction to hear cases regarding recognition and enforcement of a foreign arbitral award (see 12.2 Enforcement Procedure ). • The nomination of the arbitrator(s) – the president of the respective court of appeal has jurisdiction to resolve matters related to the jurisdiction of the arbitral tribunal (see 5.2 Circumstances for Court Intervention ). • Jurisdiction of the arbitral tribunal and the impedi - ment to being an arbitrator – the president of the respective court of appeal also has jurisdiction to resolve the nomination of arbitrators (Article 11 of the ICAL) and the impediment to being an arbitra - tor (Article 14 of the ICAL). • The challenge or removal of arbitrators – the presi - dent of the respective court of appeal has juris -
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