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
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1. General 1.1 Prevalence of Arbitration
On 4 May 2026, ICSID Case No ARB/25/50 was reg - istered before ICSID regarding a dispute between Bupa Investments Overseas Limited and the Republic of Chile in relation to a series of measures that pre - sumably affected Bupa’s investment in Chile’s private healthcare sector, including its health insurance and healthcare services businesses. Other consultation processes prior to international investment arbitration initiated during 2024–25 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 of Arbitration of the International Cham - ber of Commerce (ICC). 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 num - ber of requests in the energy sector was the highest, encompassing 33.4% of all international arbitration requests, and contracts for the provision of services were the most important type of underlying contract, accounting for 24% of the total number of requests. At the time of writing, CAM Santiago had not yet pub - lished its annual statistical report covering its activities during 2025.
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