ArticleLimits To Iura Novit Curia: Chilean Court Sets Aside International Arbitral Award For Exceeding The Scope Of The Parties’ SubmissionsA Chilean appellate court annulled a major international arbitration award in a salmon-farming acquisition dispute, ruling that the tribunal exceeded its mandate by recharacterizing the buyers' contractual damages claim into an unpleaded restitutionary price adjustment claim. The decision explores the boundaries of the iura novit curia principle and its limits when tribunals reshape claims beyond what parties actually submitted for arbitration. ChileLitigation, Mediation & ArbitrationBaker Botts L.L.P.
ArticleNew Rules For Emergency Arbitration In ChileOn August 11, 2023, the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago) introduced new rules on emergency arbitration (EA) to its domestic Arbitration Rules...ChileLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleICSID Tribunal Declares Chile As Winner On The Clarin Case ArbitrationNineteen years after the dispute began, a second ICSID tribunal has refused to grant monetary compensation to Spanish publisher Victor Pey Casado, now aged 101, for the loss of his publishing business under the Pinochet regime – with the arbitrators expressing their hope that the case will now be at a "final end".ChileLitigation, Mediation & ArbitrationCarey
ArticleGlobal Litigation Guide 2019 - Chilean ChapterChile follows a civil law system strongly influenced by the Spanish and French legal systems, specifically by the Napo¬leonic Code model.ChileLitigation, Mediation & ArbitrationCarey
ArticleInternational Commercial Arbitration In ChileInternational commercial arbitration in Chile is governed by a modern statutory framework based on the UNCITRAL Model Law on International Commercial Arbitration (1985), as enacted through Law No. 19,971...ChileLitigation, Mediation & ArbitrationAceris Law
