CHILE Law and Practice Contributed by: Andrés Jana, Rodrigo Gil, Francisco Grob and Victoria Demarchi, Jana & Gil Dispute Resolution
Duties An arbitrator must:
However, the wording of Article 17 of the ICAL and the preliminary relief regulation are wide enough to allow for security for costs as a relief, especially consider - ing they refer to an arbitration proceeding and not to a proceeding before a national court. There have been no known cases regarding security for costs. 7. Procedure 7.1 Governing Rules The arbitration procedure is regulated in the ICAL. 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 Appeal. 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 weight of evidence (Article 19 of the ICAL).
• 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 merits 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 the parties can reach an agreement, the arbitral tribunal may direct the arbitration in the way it considers appropri - ate, having the power to determine the admissibility, relevance and weight of the evidence. However, in international 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);
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