CHILE Law and Practice Contributed by: Andrés Jana, Rodrigo Gil, Francisco Grob and Victoria Demarchi, Jana & Gil Dispute Resolution
Also, under Article 27 of the ICAL, the arbitral tribunal and the parties may apply to the local courts for assis - tance in the taking of evidence. The requested local court may execute the request within its jurisdiction and according to its rules on the taking of evidence. 8.2 Rules of Evidence To review the rules of evidence in the case of interna - tional arbitration, see 8.1 Collection and Submission of Evidence . These rules are different from the ones that apply to domestic arbitration. 8.3 Powers of Compulsion Arbitral tribunals may request that all parties, including third parties, appear to testify. In the event of refusal, the arbitral tribunal will request the assistance of the corresponding national court to carry out the proceed - ing. The courts of law may entrust this proceeding to the arbitrator, assisted by a minister of faith. There is no confidentiality rule applicable to interna - tional arbitrations and therefore the arbitration file is public. Given the existence of a request for annulment, which is heard by the court of appeal, and given the nature of this request, the court will necessarily have knowledge of the arbitration file, which is eminently public. If the parties prefer the arbitration not to be public, it will be necessary for them to agree this by means of an express agreement. Only in the case of highly con - fidential parts of the file will it be necessary to request the itemisation and exclusion of those parts of the file either before or just after the award is rendered, so those sections are not made public. 9. Confidentiality 9.1 Extent of Confidentiality Furthermore, in the case of the ICC Rules, the arbitra - tion will be public as a general rule. However, upon the request of any party, the arbitral tribunal may make orders concerning the confidentiality of the arbitra - tion proceedings or of any other matters in connection with the arbitration and may take measures for the protection of trade secrets and confidential informa - tion (Article 22.3 of the ICC Rules).
Lastly, in the case of international arbitrations subject to CAM Rules, a rule of confidentiality of the award is established, except: • when the award’s disclosure is necessary for a proceeding to challenge, comply with or enforce the award; • when the award’s disclosure is required by law or any other judicial authority; or • when the parties by mutual agreement agree to the award’s non-confidentiality. Even so, CAM Santiago – while safeguarding the iden - tity of the parties – may publish the awards (Article 33.8 of the CAM Rules).
10. The Award 10.1 Legal Requirements
According to the ICAL, the arbitral award must state the reasons on which it is based, unless the parties have agreed otherwise. The ICAL does not set a time
limit for rendering the award. 10.2 Types of Remedies
The limitations are determined by the type of arbitrator and public policy considerations. Arbitrators “in law”, must decide according to legal principles – under which the arbitrator is empowered to award actual damages, lost profits, and moral damages to a party. The latter applies even in cases of breach of contract, as the national case law has evolved in this matter during the past few decades. Monetary awards may include interest. The arbitral tribunal may also order the specific performance or termination of a contract – in both cases, with dam - ages (Article 1489 of the Chilean Civil Code). However, arbitrators may not grant punitive damages, as they are not recognised under Chilean law. 10.3 Recovering Interest and Legal Costs Parties are entitled to recover interest and legal costs. In this regard, there are several cases of international arbitration in Chile in which different rules of costs have been applied. The application depends mostly on the composition of the arbitral tribunal. If the arbi -
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