{"id":152666,"date":"2026-11-04T10:39:11","date_gmt":"2026-11-04T10:39:11","guid":{"rendered":"https:\/\/www.legal500.com\/guides\/?post_type=comparative_guide&#038;p=152666"},"modified":"2026-11-04T12:41:17","modified_gmt":"2026-11-04T12:41:17","slug":"chile-international-arbitration","status":"publish","type":"comparative_guide","link":"https:\/\/www.legal500.com\/guides\/chapter\/chile-international-arbitration\/","title":{"rendered":"Chile: International Arbitration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-152666","comparative_guide","type-comparative_guide","status-publish","hentry","guides-international-arbitration","jurisdictions-chile"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">EPIC Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/10\/EPICLEGAL_LOGO-2.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">EPIC Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/10\/EPICLEGAL_LOGO-2.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of International Arbitration laws and regulations applicable in Chile<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legislation applies to arbitration in your country? Are there any mandatory laws?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Chile has a dual arbitration regime. International commercial arbitration is governed by Law No. 19.971 on International Commercial Arbitration, in force since 2004. Domestic arbitration is primarily governed by the Code of Judicial Organisation, which contains rules on the status and appointment of arbitrators and on matters subject to mandatory or prohibited arbitration, and by the Code of Civil Procedure, which regulates arbitral proceedings. In addition, certain sector-specific arbitration regimes are established by special legislation.<\/p>\n<p>There are mandatory provisions under both regimes. In international commercial arbitration, Law No. 19.971 recognises that certain provisions may not be derogated from by the parties. These include, for example, the fundamental guarantees set out in Article 18, which require equal treatment of the parties and a full opportunity for each party to present its case. Party autonomy is also subject to the limits imposed by arbitrability and by the mandatory statutory regime governing challenges to arbitral awards.<\/p>\n<p>Domestic arbitration is likewise subject to mandatory rules. For example, the Code of Judicial Organisation identifies certain matters that are subject to mandatory arbitration, subject to the exceptions set out in Article 227, as well as matters that may not be submitted to arbitration, as provided in Articles 229 and 230.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Chile has been a Contracting State to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) since 1975. Its instrument of accession was deposited on 4 September 1975, and the Convention was published in the Official Gazette on 30 October of that year. Chile acceded to the Convention without making any declarations or reservations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other arbitration-related treaties and conventions is your country a party to?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In addition to the New York Convention, Chile is a party to the 1975 Inter-American Convention on International Commercial Arbitration (the Panama Convention), which it ratified in 1976 without making any declarations or reservations.<\/p>\n<p>Chile is also a Contracting State to the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention), and a party to the 1928 Convention on Private International Law (the Bustamante Code).<\/p>\n<p>Chile is further a party to the Agreement on Jurisdictional Cooperation and Assistance in Civil, Commercial, Labour and Administrative Matters between the MERCOSUR Member States and the Republic of Bolivia and the Republic of Chile. Chapter V of that agreement governs the recognition and enforcement of judgments and arbitral awards rendered in the participating States in civil, commercial, labour and administrative matters.<\/p>\n<p>In addition, Chile is a party to numerous bilateral and multilateral investment treaties and trade agreements that provide for arbitration as a mechanism for the resolution of investment disputes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two? Are there any impending plans to reform the arbitration laws in your country? Has your jurisdiction adopted, or is it considering adopting, the amendments of 6 July 2026 regarding electronic awards and communications?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Law No. 19.971 on International Commercial Arbitration is based on the original 1985 version of the UNCITRAL Model Law and does not incorporate the amendments adopted in 2006. There are no material differences from the 1985 text. The principal adaptations made by the Chilean legislation concern the designation of the State courts competent to exercise the assistance and supervisory functions contemplated by the Model Law, including the appointment, challenge and removal of arbitrators, certain matters relating to the jurisdiction of the arbitral tribunal, and applications to set aside arbitral awards.<\/p>\n<p>No legislative initiative to reform Law No. 19.971 is currently known to be pending. In the field of domestic arbitration, the Ministry of Justice convened a commission of experts in 2013, which prepared a draft bill on domestic arbitration aimed at modernising the existing framework. The initiative continued to be reviewed during 2014 but did not result in legislation. The pending civil procedure reform likewise does not contemplate substantial changes to the domestic arbitration regime.<\/p>\n<p>Chile has not adopted the amendments approved by UNCITRAL on 6 July 2026 concerning electronic arbitral awards and communications, and no publicly announced legislative initiative has been identified that would incorporate those amendments into Law No. 19.971. The Chilean statute therefore remains in force in its original 2004 form. Chile did, however, participate in the UNCITRAL work that preceded the 2026 amendments: its delegation responded to the Working Group II questionnaire on the treatment of arbitral awards in electronic form under Chilean law and participated in the Working Group sessions in which the issue was considered.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What arbitral institutions (if any) exist in your country? When were their rules last amended? Are any amendments being considered?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Chile has several arbitral institutions. These include the Arbitration and Mediation Centre of the Santiago Chamber of Commerce (CAM Santiago), the National Arbitration Centre (CNA), the Mining Arbitration and Mediation Centre (CAMMIN), the Araucan\u00eda Mediation and Arbitration Centre (C-Medyar Araucan\u00eda), and the CPC Biob\u00edo Arbitration and Mediation Centre (CEAM Biob\u00edo). These institutions administer general or specialised arbitrations across different regions and sectors of the country.<\/p>\n<p>CAM Santiago, founded in 1992, is Chile\u2019s principal arbitral institution and administers both domestic and international arbitrations. Its International Commercial Arbitration Rules, originally in force since 1 June 2006, were amended with effect from 1 July 2025. Among other matters, the amendment introduced a referral mechanism associated with CAM Santiago\u2019s integration with the International and Ibero-American Arbitration Centre of Madrid (CIIAM). Under that mechanism, international arbitrations arising from arbitration agreements entered into on or after that date and referring to CAM Santiago are referred to CIIAM. Arbitrations arising from earlier agreements continue to be administered by CAM Santiago, unless the parties agree to submit them to CIIAM.<\/p>\n<p>As regards domestic arbitration, CAM Santiago\u2019s Rules were amended with effect from 1 September 2023 to introduce emergency arbitration. No public announcements have been identified regarding any further amendments to its arbitration rules currently under consideration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a specialist arbitration court in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Chile does not have a specialist State court for arbitration. Judicial functions relating to arbitration are exercised by the ordinary courts.<\/p>\n<p>In international commercial arbitration, Law No. 19.971 assigns certain assistance and supervisory functions to the President of the Court of Appeal at the place of arbitration, while the relevant Court of Appeal has jurisdiction to hear applications to set aside arbitral awards. State court intervention is limited to the circumstances expressly provided for by law.<\/p>\n<p>In domestic arbitration, the ordinary courts also intervene in matters such as the appointment of arbitrators, interim measures, the taking of evidence, challenges to awards, and enforcement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the validity requirements for an arbitration agreement under the laws of your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In international commercial arbitration, the validity requirements for an arbitration agreement are set out in Article 7 of Law No. 19.971. The agreement must reflect the parties\u2019 consent to submit to arbitration all or certain disputes, whether existing or future, arising out of a defined legal relationship, whether contractual or otherwise. It may take the form of an arbitration clause contained in a contract or a separate agreement.<\/p>\n<p>The arbitration agreement must be in writing. This requirement is satisfied where the agreement is contained in a document signed by the parties or in an exchange of letters, telexes, telegrams or other means of telecommunication that provide a record of the agreement. It is also deemed satisfied where, in an exchange of statements of claim and defence, the existence of an arbitration agreement is alleged by one party and not denied by the other. In addition, a reference in a written contract to another document containing an arbitration clause constitutes an arbitration agreement where the reference is such as to make that clause part of the contract.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitration clauses considered separable from the main contract?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. In international commercial arbitration, Law No. 19.971 expressly recognises the principle of separability, or autonomy, of the arbitration clause. Under Article 16(1), an arbitration clause forming part of a contract is treated as an agreement independent of the other terms of the contract. Accordingly, a finding that the main contract is null and void does not, by itself, entail the invalidity of the arbitration clause.<\/p>\n<p>This principle has also been recognised by Chilean courts. The Santiago Court of Appeal applied it in Tampico Beverages, Inc. v. Productos Naturales de la Sabana S.A. Alquer\u00eda, Case No. 6975-2012.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicable to it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No published Chilean court decisions have been identified applying a validation principle in the terms described. Chilean arbitration law does not expressly provide that an arbitration agreement must be regarded as valid and enforceable if it would be valid under at least one of the national laws potentially applicable to it.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are asymmetric arbitration clauses \u2013 for instance, where one party has the right to choose between arbitration or litigation while the other party does not have this option \u2013 valid in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. In principle, asymmetric arbitration clauses are valid in Chile. Chilean international arbitration law does not prohibit such clauses or require the parties to have identical options as to the forum for resolving their disputes.<\/p>\n<p>The Chilean Supreme Court has also upheld the validity of a clause allowing only one party to choose between arbitration and litigation, relying on the principle of party autonomy (Dinsa v. Consorcio\u2013Bice Vida, Supreme Court, Case No. 31071-2014, 8 October 2015). That decision concerned domestic arbitration, but it remains the leading Chilean authority on clauses of this kind.<\/p>\n<p>Their validity is, in any event, subject to the general limits of arbitrability and public policy.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an arbitration agreement? Are there any recent court decisions on these issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general rule, third parties or non-signatories are not bound by an arbitration agreement in Chile. They may, however, become bound where they legally succeed to or are subrogated into the position of one of the parties, or where the circumstances establish that they consented to arbitration. In exceptional cases, issues may also arise in connection with piercing the corporate veil or alter ego theories. Mere membership in the same corporate group is not, by itself, sufficient to extend an arbitration agreement to a non-signatory.<\/p>\n<p>Recent case law has addressed these issues. In Supreme Court Case No. 32413-2022, dated 9 February 2024, which concerned domestic arbitration, the Court held that an arbitration clause was enforceable against an heir in his capacity as universal successor to one of the contracting parties.<\/p>\n<p>Subsequently, in Cerro Dominador Spain Development SLU v. Menchaca, Case No. 17411-2024, dated 22 January 2025, decided under Law No. 19.971, the President of the Santiago Court of Appeal held that a party\u2019s status as guarantor and joint and several co-debtor was not, in itself, sufficient to extend the arbitration agreement to that party in the absence of an express or unequivocal manifestation of consent. The decision also stated that membership in the same corporate group is not, by itself, sufficient to bind a non-signatory to arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any recent court decisions and\/or legislative reform in your country concerning the choice of law applicable to an arbitration agreement where no such law has been specified by the Parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No recent Chilean court decisions or legislative reforms have been identified that specifically address the law applicable to an arbitration agreement where the parties have made no choice of law.<\/p>\n<p>Law No. 19.971 does not establish a general rule governing the law applicable to the arbitration agreement. However, for the purposes of setting aside an award, Article 34 provides that the validity of the arbitration agreement is to be determined in accordance with the law to which the parties have subjected it or, failing any indication in that respect, under Chilean law. In the context of recognition and enforcement, Article 36 provides that, in the absence of a choice by the parties, the applicable law is the law of the country in which the award was made.<\/p>\n<p>Outside those specific contexts, it has been argued that, in the absence of an express choice, regard should first be had to the parties\u2019 implied intention and, if that cannot be ascertained, Chilean law should apply as the law of the seat. Frequently cited decisions include Medtronic USA Inc. v. Med Implant y Compa\u00f1\u00eda Limitada, Supreme Court, Case No. 9248-2013, in which the Court relied on provisions of the Chilean Civil Code to interpret an arbitration clause contained in a contract governed by Minnesota law, and Almendra y Miel S.A. v. GLG, Supreme Court, Case No. 82442-2016, in which the Court examined the arbitration agreement under Law No. 19.971.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Law No. 19.971 recognises party autonomy as the primary rule for determining the law applicable to the substance of the dispute. Under Article 28(1), the arbitral tribunal must decide the dispute in accordance with the rules of law chosen by the parties. Unless otherwise indicated, a reference to the law or legal system of a particular State is understood as a reference to its substantive law and not to its conflict-of-laws rules.<\/p>\n<p>Where the parties have not designated the applicable law, Article 28(2) provides that the arbitral tribunal shall apply the law determined by the conflict-of-laws rules that it considers applicable. Law No. 19.971 therefore does not prescribe a single or predetermined set of conflict-of-laws rules for this purpose.<\/p>\n<p>Under Article 28(3), the tribunal may decide ex aequo et bono or as amiable compositeur only if expressly authorised by the parties. Finally, Article 28(4) provides that, in all cases, the tribunal must decide in accordance with the terms of the contract and take into account the applicable trade usages.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any particular requirements for and\/or restrictions in the appointment of arbitrators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In international commercial arbitration, Law No. 19.971 grants the parties broad autonomy in the appointment of arbitrators. Under Article 11(1), unless otherwise agreed by the parties, a person\u2019s nationality does not preclude that person from acting as an arbitrator. Article 11(2) also allows the parties to agree freely on the procedure for appointing the arbitrator or arbitrators.<\/p>\n<p>Law No. 19.971 does not impose a general requirement that arbitrators be lawyers. However, the parties may agree on specific qualifications that arbitrators must possess. Under Article 11(5), where an appointment is made pursuant to the default mechanisms provided by law, due regard must be given to any qualifications required by the parties\u2019 agreement, and the necessary steps must be taken to secure the appointment of an independent and impartial arbitrator. In the case of a sole arbitrator or a third arbitrator, consideration must also be given to the advisability of appointing a person of a nationality different from that of the parties.<\/p>\n<p>In addition, Article 12(1) requires any person approached in connection with a possible appointment to disclose any circumstances likely to give rise to justifiable doubts as to that person\u2019s impartiality or independence, and that duty continues throughout the arbitral proceedings. Under Article 12(2), the absence of qualifications agreed by the parties, or the existence of circumstances giving rise to justifiable doubts as to an arbitrator\u2019s impartiality or independence, constitutes a ground for challenge.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the local courts intervene in the selection of arbitrators? If so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. In international commercial arbitration, judicial intervention in the appointment of arbitrators is governed primarily by Article 11 of Law No. 19.971 and falls within the jurisdiction of the President of the Court of Appeal at the place where the arbitration is to be conducted.<\/p>\n<p>Under Article 11(3), where the parties have not agreed on an appointment procedure, the President of the relevant Court of Appeal may intervene, at the request of a party, where one party fails to appoint its arbitrator within the statutory time limit, where the two appointed arbitrators fail to agree on the appointment of the third arbitrator, or where the parties fail to agree on the appointment of a sole arbitrator.<\/p>\n<p>Article 11(4) also permits judicial intervention where the parties have agreed on an appointment procedure but one party fails to act as required under that procedure, the parties or arbitrators are unable to reach the required agreement, or a third party, including an arbitral institution, fails to perform a function entrusted to it, unless the parties\u2019 agreement provides another means of resolving that situation.<\/p>\n<p>Finally, under Article 11(5), decisions of the President of the Court of Appeal on these matters are not subject to appeal. When making an appointment, the President must have due regard to any qualifications required by the parties and take the necessary measures to ensure the appointment of an independent and impartial arbitrator. In the case of a sole arbitrator or a third arbitrator, the President must also consider the advisability of appointing an arbitrator of a nationality different from that of the parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the appointment of an arbitrator be challenged? What are the grounds for such a challenge? What is the procedure for such a challenge?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Under Article 12(2) of Law No. 19.971, an arbitrator may be challenged where circumstances exist that give rise to justifiable doubts as to the arbitrator\u2019s impartiality or independence, or where the arbitrator does not possess the qualifications agreed by the parties. A party that appointed an arbitrator, or participated in that arbitrator\u2019s appointment, may challenge the arbitrator only for reasons of which it became aware after the appointment was made.<\/p>\n<p>As to the procedure, Article 13(1) allows the parties to agree freely on the challenge procedure. In the absence of such agreement, Article 13(2) provides that a party wishing to challenge an arbitrator must submit a written statement of the reasons for the challenge to the arbitral tribunal within 15 days of becoming aware of the constitution of the tribunal or of the circumstances giving rise to the challenge. Unless the challenged arbitrator withdraws or the other party agrees to the challenge, the arbitral tribunal itself decides the challenge.<\/p>\n<p>If the challenge is rejected, Article 13(3) allows the challenging party, within 30 days of receiving notice of that decision, to request the President of the Court of Appeal at the place of arbitration to decide the matter. That decision is not subject to appeal. While the request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the proceedings and render an award.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments concerning the duty of independence and impartiality of the arbitrators, including the duty of disclosure?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The legal framework under Law No. 19.971 has not undergone any recent changes. Under Article 12(1), any person approached in connection with a possible appointment as arbitrator must disclose any circumstances likely to give rise to justifiable doubts as to that person\u2019s impartiality or independence, and this duty of disclosure continues throughout the arbitral proceedings. Article 12(2) further provides that the existence of such circumstances constitutes a ground for challenge.<\/p>\n<p>The principal recent development has been institutional. CAM Santiago adopted a new Code of Ethics and Good Arbitration Practices, in force since 1 July 2025. Articles 2 and 3 further develop the duties of independence, impartiality and disclosure, requiring arbitrators, before accepting an appointment, to disclose all facts and circumstances that, from the perspective of a reasonable person, could give rise to doubts as to their independence or impartiality. The duty of disclosure continues throughout all stages of the proceedings and extends to circumstances arising after the appointment. The Code also provides for a disciplinary regime in the event of non-compliance with these duties.<\/p>\n<p>This regime has already been applied. According to published information, in February 2026 the CAM Santiago Ethics and Good Practices Committee partially upheld a complaint against an arbitrator for failing to disclose certain prior relationships with one of the parties. In March 2026, the Committee rejected the motion for reconsideration and maintained its decision.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitrators immune from liability?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Arbitrators are not generally immune from liability under Chilean law.<\/p>\n<p>As regards criminal liability, arbitrators may incur liability for acts performed in the exercise of their functions. In particular, Article 227(3) of the Criminal Code makes certain penalties applicable to arbitrators in respect of conduct amounting to judicial misconduct.<\/p>\n<p>As regards civil liability, Law No. 19.971 contains no provision granting arbitrators immunity from liability. Any potential civil liability must therefore be assessed under the otherwise applicable rules of Chilean law. Certain institutional rules may, however, contain exclusions or limitations of liability. For example, Article 4 of the CAM Santiago International Commercial Arbitration Rules provides for an exclusion of liability for acts, omissions or conduct connected with the arbitration, subject to the limits imposed by applicable law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the principle of competence-competence recognized in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. The principle of competence-competence is expressly recognised in Article 16(1) of Law No. 19.971, which empowers the arbitral tribunal to rule on its own jurisdiction, including any objections relating to the existence or validity of the arbitration agreement. The same provision also recognises the separability of the arbitration clause from the underlying contract.<\/p>\n<p>Under Article 16(2), a plea that the arbitral tribunal lacks jurisdiction must be raised no later than the submission of the statement of defence, while a plea that the tribunal is exceeding the scope of its authority must be raised as soon as the matter arises during the proceedings. The tribunal may admit a later plea if it considers the delay justified.<\/p>\n<p>Article 16(3) allows the arbitral tribunal to rule on such pleas either as a preliminary question or in an award on the merits. If the tribunal rules, as a preliminary question, that it has jurisdiction, any party may, within 30 days of receiving notice of that ruling, request the President of the relevant Court of Appeal to decide the matter. That decision is not subject to appeal and, while the request is pending, the arbitral tribunal may continue the proceedings and render an award.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In international commercial arbitration, Article 8(1) of Law No. 19.971 provides that, where an action is brought before a court in a matter that is the subject of an arbitration agreement, the court must refer the parties to arbitration if either party so requests, no later than when submitting its first statement on the substance of the dispute. The court will not refer the parties to arbitration if it finds that the arbitration agreement is null and void, inoperative or incapable of being performed.<\/p>\n<p>Under Article 8(2), the commencement of court proceedings does not prevent arbitral proceedings from being commenced or continued, nor does it prevent the arbitral tribunal from rendering an award while the matter is pending before the ordinary courts.<\/p>\n<p>More generally, Chilean courts have adopted an approach supportive of the effectiveness of arbitration agreements and, where court proceedings are commenced in respect of a dispute subject to arbitration, generally refer the parties to arbitration in accordance with Article 8.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What happens when a respondent fails to participate in the arbitration? Can the local courts compel participation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Unless otherwise agreed by the parties, a respondent\u2019s failure to participate does not prevent the arbitration from continuing. Under Article 25(b) of Law No. 19.971, if the respondent, without showing sufficient cause, fails to submit its statement of defence, the arbitral tribunal shall continue the proceedings, without treating that failure in itself as an admission of the claimant\u2019s allegations. Likewise, under Article 25(c), if a party fails to appear at a hearing or to produce documentary evidence, the tribunal may continue the proceedings and render an award on the evidence before it.<\/p>\n<p>Chilean courts do not have a general power to compel a respondent to participate in the arbitration. Article 5 of Law No. 19.971 provides that courts may intervene only in the circumstances expressly provided for by law, and the statute does not establish a mechanism to compel a party to appear, submit a defence, or otherwise participate actively in the arbitral proceedings. Accordingly, where a respondent fails to participate, the mechanism contemplated by the law is for the arbitration to continue in accordance with Article 25.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can third parties voluntarily join arbitration proceedings? If all parties agree to the intervention, is the tribunal bound by this agreement? If all parties do not agree to the intervention, can the tribunal allow for it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Law No. 19.971 does not expressly regulate the joinder of third parties to pending arbitral proceedings. However, Article 19(1) grants the parties broad freedom to agree on the arbitral procedure. As a general rule, a third party that is not bound by the arbitration agreement cannot be joined to the proceedings without its consent and that of the parties to the arbitration.<\/p>\n<p>The matter may be specifically regulated by the applicable institutional rules. For example, under Article 19(1) of the CIIAM Rules, the Centre, before the constitution of the arbitral tribunal, or the tribunal itself, once constituted, may decide on the joinder of an additional party where all parties and the additional party consent, or where the additional party is prima facie a party to the arbitration agreement. Unanimous consent therefore permits joinder, but does not make it automatic: Article 19(6) requires the relevant circumstances of the case to be taken into account.<\/p>\n<p>For the same reason, the absence of unanimous consent does not necessarily preclude joinder. Under those Rules, joinder may be permitted where there is a prima facie basis for considering that the additional party is bound by the arbitration agreement, without prejudice to the tribunal\u2019s final determination of its jurisdiction over that party under Article 19(7).<\/p>\n<p>These CIIAM Rules are particularly relevant in Chile since 1 July 2025, as international arbitration agreements entered into from that date that refer disputes to CAM Santiago are referred to CIIAM for administration, in accordance with the CAM Santiago Rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal? Are anti-suit and\/or anti-arbitration injunctions available and enforceable in your country? What is the approach of local courts in your jurisdiction to anti-arbitration injunctions issued in breach of arbitration agreements?  Have there been any recent decisions on this point?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Law No. 19.971 recognises the availability of interim measures from both arbitral tribunals and the ordinary courts. Under Article 17, unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order such interim measures as it considers necessary in respect of the subject matter of the dispute and may require appropriate security. The law does not contain an exhaustive list of available measures.<\/p>\n<p>Chilean courts may also grant interim measures before the arbitration is commenced and while it is pending. Article 9 of Law No. 19.971 expressly provides that a request to a court for interim measures, and the granting of such measures, is not incompatible with an arbitration agreement. Where relief is sought from the ordinary courts, Chilean procedural rules on interim measures apply. Among other measures, Article 290 of the Code of Civil Procedure provides for the sequestration of the disputed property, the appointment of receivers, the retention of specified assets, and orders prohibiting acts or contracts concerning specified property.<\/p>\n<p>Chilean law does not specifically regulate anti-suit injunctions or anti-arbitration injunctions as standalone remedies. Recent commentary has suggested that the constitutional protection action (recurso de protecci\u00f3n) could, in exceptional circumstances, perform a similar function, although its use in the context of international commercial arbitration is subject to significant limitations and does not constitute an established line of case law. No recent published Chilean decision has been identified granting an anti-suit or anti-arbitration injunction in an international commercial arbitration.<\/p>\n<p>Nor has any recent Chilean case law been identified specifically addressing the effect of an anti-arbitration injunction issued in breach of an arbitration agreement. The framework of Law No. 19.971 nevertheless protects the effectiveness of arbitration agreements: under Article 8(1), a court must refer the parties to arbitration where the dispute falls within the scope of an arbitration agreement, unless the agreement is null and void, inoperative or incapable of being performed; and Article 8(2) allows arbitral proceedings to be commenced or continued, and an award to be rendered, while the matter is pending before the court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence? Can local courts compel witnesses to participate in arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Law No. 19.971 establishes a flexible evidentiary regime. Under Article 19(1), the parties are free to agree on the procedure to be followed and, failing such agreement, Article 19(2) empowers the arbitral tribunal to conduct the arbitration in such manner as it considers appropriate, including determining the admissibility, relevance and weight of the evidence. These powers must be exercised consistently with the parties\u2019 right to equal treatment and a full opportunity to present their case under Article 18.<\/p>\n<p>The law also contains certain specific provisions. Article 24 governs hearings and written proceedings and requires that statements, documents, expert reports and other evidentiary material on which the tribunal may rely be made available to both parties. Article 26 also permits the tribunal to appoint experts and require the parties to provide them with relevant information, documents, goods or access to them. In international arbitration practice, the IBA Rules on the Taking of Evidence are also frequently used as a reference.<\/p>\n<p>Chilean courts may assist in the taking of evidence. Under Article 27 of Law No. 19.971, the arbitral tribunal, or a party with the tribunal\u2019s approval, may request assistance from a competent Chilean court in taking evidence. The court may execute the request within the scope of its jurisdiction and in accordance with the evidentiary rules applicable to it.<\/p>\n<p>Such assistance may include compelling witnesses to appear. As a general rule, Article 359 of the Code of Civil Procedure requires witnesses to appear and give evidence, while Article 380 allows a duly summoned witness who fails to appear to be compelled to do so and provides for coercive measures where a witness appears but unjustifiably refuses to testify. Accordingly, the arbitral tribunal does not itself exercise coercive powers over witnesses, but may obtain such assistance through the ordinary courts pursuant to Article 27 of Law No. 19.971.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country? Do these codes and professional standards apply only to counsel and arbitrators having the nationality of your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As regards counsel, the Chilean Bar Association\u2019s Code of Professional Ethics, in force since 1 August 2011, sets out rules concerning, among other matters, independence, loyalty, confidentiality, conflicts of interest and professional conduct. Formally, it constitutes the internal ethical framework of the Chilean Bar Association. However, the Supreme Court has held that its provisions reflect standards of conduct applicable to lawyers practising in Chile even if they are not members of the Bar Association.<\/p>\n<p>As regards arbitrators, Law No. 19.971 establishes statutory safeguards concerning independence and impartiality. In particular, under Article 12(1). In particular, under Article 12(1), any person approached in connection with a possible appointment as arbitrator must disclose any circumstances likely to give rise to justifiable doubts as to that person\u2019s impartiality or independence, and that duty continues throughout the arbitral proceedings.<\/p>\n<p>In addition, since 1 July 2025, CAM Santiago\u2019s Code of Ethics and Good Arbitration Practices has been in force. It establishes duties of independence, impartiality, disclosure, abstention, professional competence, diligence and due process for arbitrators falling within its scope.<\/p>\n<p>These codes and standards do not apply exclusively to counsel or arbitrators of Chilean nationality. In the case of arbitrators, the duties imposed by Law No. 19.971 and by the applicable institutional rules apply irrespective of nationality. As regards counsel, nationality is likewise not determinative: the applicable professional standards will depend on the professional regime to which counsel is subject and on the rules governing the arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any rules with respect to the confidentiality of arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Law No. 19.971 does not establish a general duty of confidentiality applicable to international commercial arbitrations. Accordingly, confidentiality may arise from the parties\u2019 agreement or from the institutional rules applicable to the arbitration.<\/p>\n<p>Arbitrations conducted under the CAM Santiago International Commercial Arbitration Rules are subject to specific confidentiality provisions. Under Article 25(5), hearings and meetings of the arbitral tribunal are private unless the parties agree otherwise in writing. Article 33(8) further provides that the award is confidential, except where disclosure is necessary for purposes of challenge, compliance or enforcement, is required by law or by a judicial authority, or is otherwise agreed by the parties. CAM Santiago may also publish awards provided that the parties\u2019 identities are protected.<\/p>\n<p>A distinction should, however, be drawn between the arbitral proceedings themselves and related court proceedings. Under Article 9 of the Code of Judicial Organisation, proceedings before Chilean courts are public unless otherwise expressly provided by law. Accordingly, where materials from an arbitration are introduced into court proceedings -for example, in set-aside proceedings or in recognition or enforcement proceedings- they are, in principle, subject to the publicity rules applicable to those judicial proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the IBA guidelines on conflicts of interest and other similar soft law sources viewed by courts and tribunals in your jurisdiction? Are they frequently applied? Have any developments under the 2024 IBA Guidelines, including the expanded Orange List, the treatment of social media conduct, or due diligence obligations on parties, and the UNCITRAL Code of Conduct for Arbitrators been addressed by courts and tribunals in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The IBA Guidelines on Conflicts of Interest in International Arbitration do not have binding legal force in Chile and do not replace the framework established by Law No. 19.971. In particular, Articles 12 and 13 of that law govern disclosure requirements, the standards of independence and impartiality relevant to challenges, the grounds for challenge, and the applicable challenge procedure.<\/p>\n<p>Nevertheless, the IBA Guidelines are used as a persuasive reference in Chilean arbitration practice, particularly when assessing conflicts of interest and the scope of an arbitrator\u2019s duty of disclosure. At the institutional level, CAM Santiago has relied on them as one of the relevant reference points when considering these issues, together with the applicable legal and ethical rules. CAM Santiago\u2019s Code of Ethics and Good Arbitration Practices, in force since July 2025, now also sets out its own standards on independence, impartiality and disclosure.<\/p>\n<p>Published Chilean case law does not, however, support the conclusion that the courts frequently apply the IBA Guidelines when deciding issues of independence or impartiality. Their use is more readily observed in arbitral and institutional practice than in published court decisions.<\/p>\n<p>As of September 2026, no published Chilean court decisions have been identified that specifically address the developments introduced by the 2024 IBA Guidelines, including the expanded Orange List, social media conduct or parties\u2019 due diligence obligations. Nor have published Chilean decisions been identified addressing the application of the UNCITRAL Code of Conduct for Arbitrators. Accordingly, no Chilean line of case law has yet emerged in relation to these recent developments.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the costs of arbitration proceedings estimated and allocated? Can pre- and post-award interest be included in the principal claim and costs incurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Law No. 19.971 does not establish a specific regime for determining or allocating the costs of arbitration. These matters therefore depend primarily on the parties\u2019 agreement and the applicable institutional rules. Chilean practice affords arbitral tribunals broad discretion in allocating costs. In Constructora EMEX Ltda. v. Organizaci\u00f3n Europea para la Investigaci\u00f3n Astron\u00f3mica en el Hemisferio Sur, the Santiago Court of Appeal rejected a challenge to the tribunal\u2019s allocation of costs, holding that the tribunal had acted reasonably within the scope of its powers (Case No. 9211-2012, 10 April 2014).<\/p>\n<p>In international arbitrations administered under the CAM Santiago Rules, Article 36 provides that the costs of arbitration include, among other items, the arbitrators\u2019 fees and expenses, the fees and expenses of experts and witnesses, reasonable costs incurred by the successful party and claimed in the proceedings, and CAM Santiago\u2019s administrative fees. Under Article 37, costs are generally borne by the unsuccessful party, although the tribunal may allocate them differently in light of the circumstances of the case. Arbitrators\u2019 fees and administrative charges are determined in accordance with the fee schedules in force when the arbitration is commenced, and advances on costs may be requested during the proceedings pursuant to Articles 39 and 40.<\/p>\n<p>In light of the integration arrangement between CAM Santiago and CIIAM, the CIIAM Rules must also be taken into account in international arbitrations referred to CIIAM under that arrangement. Article 48 of the CIIAM Rules provides that costs include filing and administrative fees, arbitrators\u2019 fees and expenses, the fees and expenses of experts appointed by the tribunal, and the parties\u2019 reasonable legal costs. As a general rule, the allocation of costs should reflect the relative success and failure of the parties\u2019 claims, although the tribunal may take into account the circumstances of the case, including the parties\u2019 procedural conduct. Arbitrators\u2019 fees are fixed by the Centre in accordance with Article 49 and Annex 2.<\/p>\n<p>As regards interest, Law No. 19.971 does not contain specific rules governing its availability or calculation. Monetary awards may include interest where permitted under the applicable substantive law and the relief sought by the parties. Accordingly, both pre-award and post-award interest may be claimed and awarded, depending on the applicable law, the contractual provisions and the terms of the claim. Reasonable costs incurred in the conduct of the proceedings may also be included in a costs award where permitted by the applicable rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are applications for security for costs viewed in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Law No. 19.971 does not expressly regulate security for costs. Article 17 grants the arbitral tribunal broad powers to order interim measures in respect of the subject matter of the dispute and to require appropriate security in connection with such measures. Whether those powers extend to an order for security for costs is not expressly addressed by the statute and has not been settled by published Chilean case law.<\/p>\n<p>Published commentary on Chile has taken the view that security for costs may, in principle, fall within the tribunal\u2019s interim-measures powers under Article 17. However, the statute itself does not establish specific criteria or requirements for granting such relief.<\/p>\n<p>Institutional rules may supplement this framework. Article 17 of the CAM Santiago International Commercial Arbitration Rules authorises the tribunal to order such interim or conservatory measures as it considers appropriate and to require security in connection with them. In light of the arrangement between CAM Santiago and CIIAM, the CIIAM Rules must also be taken into account for international arbitrations falling within that mechanism. Article 37 of the CIIAM Rules likewise grants broad powers to order interim measures and to require the applicant to provide security.<\/p>\n<p>Accordingly, an application for security for costs is legally possible, particularly where supported by the applicable institutional rules, but whether it is granted will depend on the circumstances of the case and the tribunal\u2019s discretion. There is, as yet, no settled Chilean judicial practice on the issue.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legal requirements are there in your country for the recognition and enforcement of an award? Is there a requirement that the award be reasoned, i.e. substantiated and motivated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The recognition and enforcement of international arbitral awards are governed by Articles 35 and 36 of Law No. 19.971. Under Article 35(1), an arbitral award, irrespective of the country in which it was made, shall be recognised as binding and may be enforced upon written application to the competent court.<\/p>\n<p>Under Article 35(2), the party relying on the award or seeking its enforcement must produce the duly authenticated original award or a duly certified copy, together with the original arbitration agreement or a duly certified copy. If either document is not in an official language of Chile, a duly certified translation must also be provided.<\/p>\n<p>Article 36 sets out exhaustively the grounds on which recognition or enforcement may be refused. These include incapacity of a party or invalidity of the arbitration agreement; lack of proper notice or inability to present one\u2019s case; an award dealing with matters beyond the scope of the arbitration agreement; irregularities in the composition of the tribunal or in the arbitral procedure; the award not yet being binding, or having been set aside or suspended; the subject matter of the dispute not being capable of settlement by arbitration under Chilean law; or recognition or enforcement being contrary to Chilean public policy.<\/p>\n<p>As to reasons, Article 31(2) of Law No. 19.971 provides that the award must state the reasons upon which it is based, unless the parties have agreed otherwise or the award is made on agreed terms under Article 30. Article 31 also requires the award to be in writing, signed by the arbitrator or arbitrators, and to state the date and place of arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the estimated timeframe for the recognition and enforcement of an award (domestic and international)? Can a party bring a motion for the recognition and enforcement of an award on an ex parte basis? Would the standard of review be different for domestic and international awards?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no fixed statutory timeframe for the recognition and enforcement of an arbitral award in Chile. The duration will depend, among other factors, on the nature of the award, whether enforcement is contested, and the measures required to obtain compliance.<\/p>\n<p>Domestic arbitral awards do not require a prior recognition procedure. Once the award is enforceable, its enforcement may be sought directly. Under Article 635 of the Code of Civil Procedure, enforcement of a final arbitral award may be requested before the arbitrator who rendered it, while the arbitrator\u2019s jurisdiction remains in force, or before the competent ordinary court. Where enforcement requires coercive measures or affects third parties that were not parties to the arbitration, recourse must be had to the ordinary courts.<\/p>\n<p>As regards awards rendered in international commercial arbitrations, Articles 35 and 36 of Law No. 19.971 govern their recognition and enforcement, irrespective of the country in which they were made. Article 35 recognises the award as binding and permits its enforcement to be sought before the competent court, while Article 36 sets out exhaustively the grounds on which recognition or enforcement may be refused.<\/p>\n<p>Where an international award has been rendered outside Chile, it must first be recognised through exequatur proceedings before the Supreme Court and, once recognition is granted, enforcement may be sought before the competent civil court. In such cases, the New York Convention and any other applicable international treaties also apply. Chilean case law has recognised that Articles 35 and 36 of Law No. 19.971 apply to the recognition and enforcement of foreign awards rendered in international commercial arbitrations.<\/p>\n<p>Recognition and enforcement are not granted strictly on an ex parte basis. In exequatur proceedings concerning a foreign award, the party against whom the award is invoked must be given notice of the application and an opportunity to submit observations. Likewise, in proceedings to enforce a Chilean arbitral award, the applicable procedural rules provide for the participation of the party against whom enforcement is sought, without prejudice to any interim or coercive measures that may be available under the law.<\/p>\n<p>The applicable standard differs between domestic and international commercial awards. Domestic awards are enforced under the procedural regime applicable to domestic arbitral decisions. By contrast, recognition or enforcement of international commercial awards may be refused only on the grounds set out in Article 36 of Law No. 19.971 and, where applicable, the relevant international treaties. This review does not permit the court to reconsider the merits of the dispute or the correctness of the arbitral tribunal\u2019s decision.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can arbitration awards be appealed or challenged in local courts? What are the grounds and procedure in this regard? Is it possible for parties to waive any rights of appeal or challenge to an award by agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In international commercial arbitration, awards are not subject to an appeal on the merits. Under Article 34 of Law No. 19.971, an application to set aside the award is the sole means of judicial challenge.<\/p>\n<p>An award may be set aside by the relevant Court of Appeal where the applicant proves that: (i) one of the parties lacked capacity or the arbitration agreement was invalid; (ii) it was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or was otherwise unable to present its case; (iii) the award deals with a dispute not contemplated by, or contains decisions beyond the scope of, the arbitration agreement; or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties\u2019 agreement or, failing such agreement, with Law No. 19.971. The Court may also set aside the award on its own motion where it finds that the subject matter of the dispute is not capable of settlement by arbitration under Chilean law or that the award is contrary to Chilean public policy.<\/p>\n<p>As a general rule, an application to set aside must be brought within three months of receipt of the award. This mechanism does not constitute a second instance and does not permit the merits of the dispute to be reconsidered.<\/p>\n<p>Law No. 19.971 does not expressly regulate whether the parties may waive in advance their right to apply for set-aside. Nor is there a clear line of Chilean case law recognising a general advance waiver of the judicial review provided for in Article 34. In particular, the grounds relating to arbitrability and public policy may be considered by the Court on its own motion.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an award? To what extent might a third party challenge the recognition of an award?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general rule, third parties or non-signatories are not bound by an arbitral award if they are not subject to the arbitration agreement from which the tribunal derives its jurisdiction. A non-signatory may, however, be bound by the award where, under the applicable law, it has succeeded to or been subrogated into the legal position of one of the parties, or where the circumstances support the conclusion that it is bound by the arbitration agreement. In exceptional cases, issues may also arise in connection with piercing the corporate veil or alter ego theories. Chilean case law has generally taken a cautious approach to extending arbitration agreements and the effects of awards to true third parties.<\/p>\n<p>Where recognition or enforcement of an award is sought against a non-signatory on the basis that it is bound by the arbitration agreement, that third party may resist recognition by disputing that alleged connection and, where appropriate, by relying on the grounds set out in Article 36 of Law No. 19.971, including those relating to the validity of the arbitration agreement, the right to present its case, and whether the award exceeds the scope of the disputes submitted to arbitration.<\/p>\n<p>A different situation arises where a third party is entirely unrelated to the arbitration and the award is not being enforced directly against it, but its rights or assets may nevertheless be affected during enforcement. Law No. 19.971 does not provide a specific mechanism allowing such a third party, on that basis alone, to challenge recognition of the award. Its protection arises primarily at the enforcement stage through the ordinary procedural mechanisms available to assert third-party rights. In particular, Article 635 of the Code of Civil Procedure requires recourse to the ordinary courts where enforcement of an arbitral decision would affect third parties who were not parties to the arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any rules \/ court decisions that regulate or prohibit third party funding of arbitration proceedings \u2013 for instance, where funding by an entity not involved in the dispute in return for a share of the eventual award may be barred \u2013 in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Chile does not have legislation specifically prohibiting or regulating third-party funding of arbitration proceedings, and no Chilean court decisions have been identified imposing general restrictions on the practice.<\/p>\n<p>Disclosure obligations may, however, arise under the institutional rules applicable to the arbitration. In particular, the CIIAM Rules require parties to disclose the existence and identity of any third party funding their claim or defence that has an economic interest in the outcome of the arbitration, principally to enable potential conflicts of interest to be identified. These rules are relevant to international arbitrations connected with CAM Santiago under the institutional arrangement implemented from 1 July 2025.<\/p>\n<p>Accordingly, although third-party funding is neither prohibited nor subject to a general statutory regime in Chile, applicable institutional rules may impose disclosure obligations concerning the existence and identity of the funder.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is emergency arbitrator relief available and recognized in your country? Are decisions made by emergency arbitrators readily enforceable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Emergency arbitrator relief is available in Chile where the applicable institutional rules provide for an emergency arbitrator mechanism.<\/p>\n<p>In domestic arbitration, CAM Santiago introduced emergency arbitration into its National Arbitration Rules with effect from 1 September 2023. This mechanism allows parties to seek urgent pre-arbitral interim relief before the constitution of the final arbitral tribunal and is used in practice. Its availability does not prevent a party from applying instead to the ordinary courts for interim measures.<\/p>\n<p>In international arbitration, Law No. 19.971 does not expressly regulate emergency arbitrators. However, the mechanism may operate where it is provided for in the institutional rules accepted by the parties. This is the case, for example, under the CIIAM Rules, which provide for an emergency arbitrator procedure to grant urgent relief before the constitution of the arbitral tribunal. These rules are particularly relevant in Chile following the institutional integration between CAM Santiago and CIIAM.<\/p>\n<p>As regards enforcement, arbitrators in Chile do not have coercive powers. Accordingly, where an emergency arbitrator\u2019s decision requires coercive measures or affects third parties, enforcement may be obtained with the assistance of the ordinary courts, in accordance with the applicable procedural rules. This is consistent with the general Chilean framework, under which arbitrators may order interim measures but must turn to the ordinary courts where enforcement requires compulsory powers.<\/p>\n<p>No published Chilean case law has been identified rejecting or questioning the effectiveness of a decision rendered by an emergency arbitrator. In practice, emergency relief is therefore available and used, and where coercive measures are required, the arbitrator may rely on the ordinary courts to make them effective.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there arbitral laws or arbitration institutional rules in your country providing simplified or expedited procedures for claims under a certain value? Are they often used?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Chile has simplified or expedited arbitration procedures for lower-value disputes, although these are regulated primarily by institutional rules rather than by procedural legislation.<\/p>\n<p>In domestic arbitration, the CAM Santiago National Arbitration Rules provide for an expedited procedure for disputes with an amount in controversy below approximately USD 80,000, unless the parties agree otherwise. The procedure may also be applied by agreement of the parties where the amount in dispute is higher. It is designed to reduce the duration and complexity of the arbitration and provides for shorter procedural deadlines and a shorter timeframe for rendering the award.<\/p>\n<p>In international arbitration, Law No. 19.971 does not establish an expedited procedure based on the amount in dispute. However, the applicable institutional rules may provide for one. In particular, the CIIAM Rules provide for an expedited procedure where the total amount in dispute does not exceed EUR 1,000,000, subject to the exceptions and discretionary powers set out in the Rules. This regime is particularly relevant in Chile following the integration between CAM Santiago and CIIAM for the administration of certain international arbitrations.<\/p>\n<p>The ICC Arbitration Rules, which are also frequently used in international arbitrations connected with Chile, provide for an expedited procedure subject to monetary thresholds that vary depending on the date of the arbitration agreement.<\/p>\n<p>These mechanisms are used in practice. CAM Santiago publishes awards rendered in expedited proceedings and has incorporated the procedure as a permanent feature of its rules. Although publicly available statistics do not always separately identify the annual number of expedited arbitrations, there is sufficient evidence of their frequent use in lower-value disputes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No recent Chilean court decisions have been identified specifically addressing the setting aside of an award that had already been recognised or enforced in another jurisdiction, or the converse situation.<\/p>\n<p>Law No. 19.971 does, however, regulate the consequences that the setting aside or suspension of an award at the seat may have for its recognition and enforcement in Chile. Under Article 36(1)(a)(v), recognition or enforcement may be refused where the award has been set aside or suspended by a court of the country in which, or under the law of which, the award was made. Where an application to set aside or suspend the award is still pending, Article 36(2) allows the Chilean court to adjourn its decision on recognition or enforcement and, in certain circumstances, to order the provision of appropriate security.<\/p>\n<p>A relevant, although not recent, precedent is Kreditanstalt f\u00fcr Wiederaufbau v. Inversiones Err\u00e1zuriz (Supreme Court, Case No. 5228-2008, 15 December 2009). The Supreme Court granted recognition in Chile of an award rendered in France even though set-aside proceedings were pending there, holding that the mere existence of such a challenge did not amount to a decision setting aside or suspending the award.<\/p>\n<p>More recently, Chilean courts have heard applications to set aside international awards rendered in Chile, but no recent published decision has been identified in which those proceedings had to be coordinated with the prior or simultaneous enforcement of the same award in another jurisdiction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the issue of corruption? What standard do local courts apply for proving corruption? Which party bears the burden of proving corruption?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No recent Chilean court decisions have been identified in the field of international arbitration that were required to determine specifically whether corruption had occurred or to establish a particular evidentiary standard for proving it.<\/p>\n<p>Corruption may nevertheless be relevant from a public policy perspective. Chilean case law has interpreted public policy narrowly in international commercial arbitration, limiting it to the fundamental principles of the legal system. Procedural public policy has been understood to include, among other matters, the requirement of an impartial arbitral tribunal and the prohibition of fraud or corruption affecting the proceedings.<\/p>\n<p>Chilean courts have not developed a special evidentiary standard for allegations of corruption in the arbitration context. As a general rule, a party relying on alleged corruption in support of a claim, defence or ground of challenge bears the burden of proving the facts on which that allegation is based. In particular, a party seeking to set aside an award on one of the grounds set out in Article 34 of Law No. 19.971 bears, in principle, the burden of establishing that ground.<\/p>\n<p>This should be distinguished from matters that Law No. 19.971 permits the court to consider on its own motion. Both in set-aside proceedings and in proceedings for recognition and enforcement, the court may consider whether the subject matter of the dispute is arbitrable under Chilean law and whether the award is contrary to Chilean public policy. Accordingly, although the party alleging corruption will ordinarily be expected to provide the supporting evidence, sufficiently established corruption could also be considered by the court in the context of its public policy review.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country withdrawn from, or announced its intention to withdraw from, the Energy Charter Treaty?  What is the status of the sunset clause in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Chile is not a Contracting Party to the Energy Charter Treaty (ECT).<\/p>\n<p>Chile participates as an observer in the Energy Charter Conference and signed the 2015 International Energy Charter, which is a political declaration and does not constitute accession to the 1994 ECT or to its investment protection and dispute resolution regime.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions or legislative developments in your country with respect to intra-European investor-State arbitration, the Energy Charter Treaty, or the enforcement of intra-EU? Are there any pending decisions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Chile is not a Member State of the European Union and is not a Contracting Party to the Energy Charter Treaty. Accordingly, there have been no specific legislative developments in Chile concerning intra-EU investor-State arbitration or the ECT.<\/p>\n<p>Nor have any recent or pending Chilean court decisions been identified concerning the recognition or enforcement in Chile of awards rendered in intra-EU arbitrations.<\/p>\n<p>If recognition or enforcement of such an award were sought in Chile, the application would be subject to the general regime governing the recognition and enforcement of foreign arbitral awards, in particular the New York Convention and Articles 35 and 36 of Law No. 19.971.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have arbitral institutions in your country implemented reforms towards greater use of technology and a more cost-effective conduct of arbitrations? Have there been any recent developments regarding virtual hearings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. The principal arbitral institutions connected with Chile have incorporated technological tools aimed at facilitating the conduct of proceedings and reducing time and costs.<\/p>\n<p>In domestic arbitration, CAM Santiago provides for a largely digitalised procedure. Its National Arbitration Rules permit the use of electronic case files, digital communications and notifications, and hearings by videoconference or other means of remote communication. CAM Santiago also uses its E-CAM electronic platform for the filing and management of arbitral proceedings.<\/p>\n<p>In international arbitration, these trends have been reinforced through CAM Santiago\u2019s integration with the International and Ibero-American Arbitration Centre of Madrid (CIIAM). The applicable rules permit the use of electronic means for the administration of proceedings and the holding of conferences and hearings remotely. Expedited procedures and other accelerated procedural mechanisms are also intended to reduce the duration and cost of arbitration.<\/p>\n<p>Virtual hearings are now fully incorporated into Chilean arbitration practice and are not limited to exceptional circumstances. In both domestic and international arbitration, hearings are commonly held remotely or in hybrid format where appropriate in light of the circumstances of the case and the organisation of the proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent judicial and\/or legislative developments in your jurisdiction with regard to disputes involving ESG issues such as climate change, sustainability, social responsibility and\/or human rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. In recent years, Chile has continued to develop its legal and institutional framework on ESG matters, particularly in relation to climate change, sustainability and human rights.<\/p>\n<p>In the climate field, Law No. 21.455, the Framework Law on Climate Change, has continued to be implemented through sector-specific instruments. Recent developments include the approval of the Sectoral Climate Change Mitigation and Adaptation Plan for the Energy Sector, published in December 2025 pursuant to that law. During 2026, additional measures were adopted to monitor its implementation, including the creation of a permanent advisory council.<\/p>\n<p>In the field of business and human rights, the Interministerial Committee approved the Third National Action Plan on Business and Human Rights 2026\u20132029 in January 2026. The Plan includes measures concerning human rights due diligence, the protection of vulnerable groups, grievance and remediation mechanisms, and stakeholder participation. Following its approval by the Committee, it remained subject to the administrative steps required for its formalisation and entry into force.<\/p>\n<p>Significant environmental case law has also continued to develop before the Environmental Courts and the Supreme Court, including recent litigation concerning environmental enforcement and sanctions in sectors such as aquaculture. These developments reflect sustained judicial scrutiny of compliance with environmental obligations, although no recent line of case law has been identified specifically linking international arbitration and ESG issues.<\/p>\n<p>Accordingly, recent ESG developments in Chile have arisen principally through implementation of the climate regulatory framework, new public policies on business and human rights, and continued environmental litigation, rather than through specific reforms to arbitration legislation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have any international economic sanctions regimes been implemented (either independently, or based on EU law) in your jurisdiction recently? Have there been any recent decisions in your country considering the impact of sanctions on international arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Chile does not have a general autonomous regime of international economic sanctions comparable to those in place in certain other jurisdictions, nor is it subject to the European Union sanctions regime.<\/p>\n<p>No recent legislative developments have been identified that materially alter this framework, and no recent Chilean court decisions have been identified specifically addressing the impact of international economic sanctions on international arbitration proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country enacted any regulation and\/or implemented any rules, guidlines or regulations regarding the use of artificial intelligence (AI), generative AI or large language models in the context of dispute resolution?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Chile has not yet enacted general legislation specifically regulating the use of artificial intelligence, generative AI or large language models in dispute resolution. A bill seeking to establish a general regulatory framework for artificial intelligence systems is currently under consideration.<\/p>\n<p>In the judicial sphere, the Chilean Judiciary has begun to incorporate and assess the use of artificial intelligence tools, together with training initiatives and guidelines aimed at ensuring their ethical and responsible use.<\/p>\n<p>In arbitration, a particularly relevant development is CIIAM\u2019s adoption of principles and recommendations concerning the use of artificial intelligence in arbitral proceedings. These provide that arbitrators may not use AI to delegate decision-making or any of their arbitral functions, and recommend disclosure to the parties of the type of generative AI tool that is intended to be used and the purpose for which it will be used. These guidelines are particularly relevant in Chile in light of the institutional integration between CAM Santiago and CIIAM.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any specific legal, institutional, or procedural frameworks in your jurisdiction governing the arbitration of digital asset or blockchain-related disputes?  Have there been any court decisions in your jurisdiction concerning the validity or enforceability of arbitration agreements incorporated into smart contracts or digital asset terms?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Chile does not have a specific legal, institutional or procedural framework governing the arbitration of disputes relating to digital assets, crypto-assets or blockchain technology. Such disputes are, in principle, subject to the general arbitration rules applicable according to whether the arbitration is domestic or international.<\/p>\n<p>Chile does, however, have substantive regulation governing certain digital assets and related services. Law No. 21.521 (the Fintech Law) recognises and regulates virtual financial assets or crypto-assets and subjects certain related services to the supervision of the Financial Market Commission. However, this legislation does not establish a special regime for the arbitral resolution of disputes.<\/p>\n<p>No published Chilean court decisions have been identified specifically addressing the validity or enforceability of arbitration agreements incorporated into smart contracts or into terms and conditions relating to digital assets. Accordingly, any such issue would have to be determined under the general rules governing the formation, validity and enforceability of arbitration agreements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">10681<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/152666","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=152666"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}