CHILE Law and Practice Contributed by: Andrés Jana, Rodrigo Gil, Francisco Grob and Victoria Demarchi, Jana & Gil Dispute Resolution
regarding it – given that, at the time of participating in the process, it accepted the existence of the clause and consented to it (Santiago Court of Appeal, Case No 1886-2011). Nevertheless, there is also jurisprudence of the Supreme Court in the sense of not extending the arbitration clause to third parties because it would otherwise be an infringement of the relative effect of the contracts (Supreme Court, Case No 29,699-2014). No special rule has been found in Chilean law regard - ing the capacity of the national court to bind foreign third parties.
131 CHAMBERS.COM
Powered by FlippingBook