CHILE Law and Practice Contributed by: Andrés Jana, Rodrigo Gil, Francisco Grob and Victoria Demarchi, Jana & Gil Dispute Resolution
7.2 Procedural Steps The ICAL does not order any particular procedural steps for arbitral proceedings. Nevertheless, the requirement to comply with certain procedural steps required in domestic arbitration in the case of interna - tional arbitration – such as the call for conciliation or the need for an order of proof – was discussed before the Santiago Court of Appeals. This discussion arose in connection with requests for annulment based on the lack of these essential pro - cedural steps requested in domestic arbitration law. It was decided that it was not necessary to comply with these procedural steps in international arbitration and the nullity actions were rejected. 7.3 Powers and Duties of Arbitrators Powers The arbitral tribunal is empowered to: • decide on its own jurisdiction (Article 16 of the ICAL); • order interim measures of protection that it deems necessary with regard to the subject matter of the dispute (Article 17 of the ICAL); and • conduct the arbitration in the manner it deems appropriate, in the absence of agreement and sub - ject to the law, including determining the admis - sibility, relevance and value of evidence (Article 19 of the ICAL). Duties An arbitrator must: • disclose all circumstances that may give rise to jus - tifiable doubts about their impartiality or independ - ence and, once appointed and during all arbitral proceedings, promptly disclose such circumstanc - es to the parties (Article 12 of the ICAL); and • decide the dispute in accordance with the rules of law chosen by the parties as applicable to the mer - its of the dispute (Article 28 of the ICAL), among other things. To a greater extent, in the event of failure to act in accordance with their duties, under national criminal law, the arbitrator may be criminally prosecuted for
the crime of prevarication (Articles 223–225 of the Criminal Code).
7.4 Legal Representatives See 4.1 Limits on Selection .
8. Evidence 8.1 Collection and Submission of Evidence Under Article 19 (2) of the ICAL, unless parties can reach an agreement, the arbitral tribunal may direct the arbitration in the way it considers appropriate, having the power to determine the admissibility, rel - evance and weight of the evidence. However, in inter - national arbitration procedures, parties tend to apply the International Bar Association (IBA Rules) on the Taking of Evidence. The procedure will depend on the rules applicable to the arbitration – ie, whether the ICC or CAM Rules apply. In the case of the ICC Rules, the arbitral tribu - nal may: • decide to not allow requests for document produc - tion or to limit the number, length and scope of written submissions and written witness evidence; • decide the dispute solely on the basis of docu - ments submitted by the parties (Article 3 of the ICC Rules 2021); • hear witnesses, experts appointed by the parties or any other person; • summon any party to provide additional evidence; and • decide the case solely on the documents submit - ted by the parties, unless any of the parties request a hearing (Article 25 of the ICC Rules 2021). In the case of the CAM Rules, the parties must attach to their pleadings all documents they deem relevant or refer to the documents or evidence to be submitted at a later date. The tribunal may request a summary of the documents and evidence, request the delivery of additional exhibits and evidence, and also decide whether or not to hold evidentiary hearings (Articles 24–25 of the CAM Rules).
125 CHAMBERS.COM
Powered by FlippingBook