CHILE Trends and Developments Contributed by: Ricardo Vásquez, Juan Araya Allende and Álvaro Jara Burotto, Vásquez Urra Abogados
What Companies Need to Know Today This section identifies the issues currently attracting the most attention in the international commercial arbitration market in Chile, with a particular focus on what is relevant to companies operating or planning to operate in this jurisdiction. Chile is establishing itself as an attractive arbitration seat in the region The stability and predictability of Chilean case law is one of the assets most highly valued by those consid - ering Chile as an arbitration seat. Chilean courts do not intervene on the merits of awards, do not create grounds for annulment, and have applied consistent criteria for over 20 years. This gives arbitration in Chile a degree of certainty that does not always exist in other countries in the region. The Supreme Court itself has expressly stated that this trend in case law allows Chile to be viewed as a major centre for arbitration in Latin America. For a company negotiating international contracts, this institutional signal is significant when choosing the seat of arbitration or negotiating a dispute resolution clause. The CAM Santiago–CIIAM partnership: a milestone for Ibero-American arbitration In April 2025, CAM Santiago signed a strategic part - nership with the International and Ibero-American Arbitration Centre (CIIAM), a Madrid-based institu - tion that brings together Spain’s leading arbitration courts. CAM Santiago joined as an equal partner, which entails full participation in the governance of CIIAM: the president of CAM Santiago took up the post of vice-president of the institution, and the Chil - ean centre has direct representation on its decision- making bodies. From 1 July 2025, CAM Santiago’s new International Arbitration Rules include a clause providing for auto - matic referral to CIIAM for contracts containing its international arbitration clause. Where the arbitration agreement pre-dates that date, the administration of the proceedings remains with CAM Santiago, unless the parties expressly agree to submit the arbitration to CIIAM through the opt-in mechanism. In practice, this means that international disputes submitted to CAM
Santiago will be administered jointly by both institu - tions under common Ibero-American standards. For businesses, this alliance has concrete implica - tions. Chile is now institutionally linked to the leading arbitration ecosystem in the Spanish-speaking world, which expands the pool of available arbitrators, facili - tates multilingual proceedings and positions Santiago as a leading venue for disputes between parties from Europe and Latin America. When negotiating arbitra - tion clauses in contracts with Ibero-American coun - terparties, it is worth considering the advantages this framework offers in terms of administration, neutrality and institutional recognition. Most significant sectors or subject matters arbitrated and arbitration length In 2025, 11 applications for international arbitration were filed. It is worth noting that in that year the most significant sector or subject matter was commercial companies, accounting for 27% of cases, followed by the energy, construction/infrastructure and profes - sional services sectors. Furthermore, the most com - mon types of contracts in CAM Santiago’s internation - al arbitration cases during 2025 were those relating to mergers and acquisitions, the sale and purchase of shares, construction and shareholders’ agreements. As regards claims, the most frequent were those for damages and specific performance. International arbitrations concluded in 2025 lasted an average of 20 months, measured from the accept - ance of the arbitral tribunal until the parties reached an agreement (including conciliation and settlement), and an average of 23 months, measured from the accept - ance of the arbitral tribunal until the award was issued. The arbitration clause: the most important document in the contract The most significant development in case law in recent years is the first setting aside of an award on the ground that the arbitrator had exceeded his pow - ers, in 2026, which highlights the critical importance of drafting the arbitration clause carefully. An award may be set aside if the arbitrators rule on a matter which the parties did not request, even if the outcome appears reasonable or equitable.
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