The Rules of Arbitration Procedure of CAM Santiago set down the rules according to which arbitration proceedings are processed. These rules are supplemental to the intent of the parties, and the parties may make the changes they deem pertinent at the time they stipulate an arbitration clause or during the arbitration itself, under their mutual consent.Versión vigente hasta el 31 de octubre de 2000
As a reiteration of the stipulations in article 3 of the bylaws, whenever the parties have agreed to submit a litigation to the Arbitration and Mediation Centre of the Santiago Chamber of Commerce; by merely using an application of the arbitration clause or any other indenture. The litigation shall be settled in line with these regulations, notwithstanding the amendments which may be agreed upon in writing by the parties.
All events or circumstances not foreseen in the present regulations will be subject to the will of the parties concerned or, failing that, to the will of the arbitration tribunal; in which case such will shall be deemed to form a part of these rules of procedure.
These rules of procedure will govern the arbitration process except when they are in conflict with a specific rule of the Law applicable to the particular case being handled/heard.
In accordance with these rules of procedure, all notices will be deemed received if they have been delivered personally to the addressee or, in default thereof, sent by certified mail to the registered address specified in due course by the parties, whether it is the habitual residence, business or postal address or, as the case may be, the address of duly accredited representatives. If, after reasonable inquiry, it is impossible to determine any of such addresses, a notice will be deemed valid when sent by certified mail to the addressee's last known habitual residence, business or postal address.
The notice will be deemed received upon the third day counted from its forwarding date.
The arbitration procedure commences on the date when the arbitration notice is received by the respondent.
The periods of time specified in these rules of procedure are deadlines and are expressed in working or business days, thus excluding Saturdays.
Each party shall appoint a licensed attorney to represent him/her at the arbitration tribunal. The appointment will be made either during the request or at the response brief to the claim, whichever the case may be.
The arbitration process shall be held in Santiago, Chile, although the arbitration court may hear witnesses and hold meetings among its members in any place it deems suitable whenever rating the circumstances of the arbitration. The arbitration court may also be constituted in the location it deems appropriate, with a view to inspecting documents, merchandise or other goods.
If they so wish, the parties will be given at least four days' advance notice so they could to attend, Should the parties and the arbitrator so agree, the arbitration may be held in a location other than Santiago but within the country. The tribunal shall be responsible for maintaining appropriate communications with the Centre’s Secretariat.
The decision shall be rendered in the arbitration location.
The arbitration shall be conducted in Spanish.
Article 7 º.
The arbitration tribunal will entail one or three arbitrators, a matter which must be addressed by the parties in the mandate specified in clause 8 (see below):
Article 8 º.
The parties must decide on the appointment of the arbitration tribunal, unless they delegate this power to the Santiago Chamber of Commerce by means of a limited power of attorney. The Santiago Chamber of Commerce shall appoint the tribunal from among the members in the list of arbitrators of the Arbitration and Mediation Centre, and at the recommendation of the Council of such Centre.
The appointment of the tribunal as specified above will be communicated to the parties within three days from the date of signature of the instrument of appointment.
Article 9 º.
The Secretariat of the Arbitration and Mediation Centre will adopt all the measures necessary for securing the acceptance of the assignment by the designated arbitrators and have them taking an oath of office pursuant to the law.
Should all or part of the tribunal appointed refuse the assignment, the Secretary General of the Arbitration and Mediation Centre will proceed as stipulated by the parties. In absence of such stipulations, the Secretary General will convene the parties to a hearing aimed at appointing all or part of the tribunal.
Article 10 º.
The arbitrators appointed directly by the parties may be disqualified by legal impediment or challenge pursuant to the law.
Notwithstanding the foregoing, whenever the arbitrators are appointed by the Santiago Chamber of Commerce, the parties may ask for their disqualification invoking relevant reason(s). They shall have a period of six working days as from the date of receipt of the notice stipulated in Article 8. The notice is presumed to have been received by the third day after its forwarding.
The petition for disqualification shall be heard by the Council, which shall give notice of the petition to the other party - or parties - before adopting a decision. If all parties are willing to accept the disqualification, it shall be declared by the Council without further proceeding. Otherwise, the Council shall hear the petition. There shall be no appeal or corrective action against its decision.
If the parties do not set a special mechanism for an arbitrator substitution, the procedure governing their appointment will apply.
Once the substitution of one or more members of the arbitration tribunal has taken place, such tribunal will decide on the proceedings and hearings that must be repeated within eight days following the last acceptance of appointment by the new judges.
When the court decides on the subjects specified in the preceding paragraph, it may only decide to repeat the proceedings and hearings it considers strictly indispensable to a thorough understanding of the process.
The substitution of one or more arbitrators or the repetition of proceedings and hearings referred to in the preceding articles will not mean an extension of the term within which the tribunal must complete the assignment, unless otherwise agreed by the parties.
All judicial proceedings must be conducted at the appropriate location and during business hours.
The appropriate location for arbitration proceedings is the seat of the arbitration tribunal.
Business hours are from 9:00 a.m. to 6:00 p.m., excluding Saturdays, Sundays and holidays.
Judicial proceedings will be authorized by the Minister of Faith designated by the tribunal or, in his/her absence by the Centre’s Secretary.
All proceedings necessary for setting the process in motion must be undertaken by the arbitration tribunal except in those cases where the tribunal or the parties agree to delegate certain functions to a Minister of Faith or the Centre’s Secretary.
The arbitration tribunal shall be deemed constituted as from the date the position of arbitrator is accepted by such arbitrator or, if several, by the last of its members.
The acceptance of the appointment and consequent oath of office are the acts that set up the arbitration tribunal. These set up formalities shall be performed before the Centre’s Secretary, who shall be accompanied by a Minister of Faith. The latter official will administer the oath.
Subject to the provisions herein, in the case of an arbitrator ex aequo et bono, the arbitration tribunal may direct the arbitration in the way it deems appropriate; provided the parties are treated equally and each of the parties is given a full opportunity to enforce its rights during each stage of the procedure.
The Centre’s Secretariat shall be responsible for administrative matters in relation to the arbitrations being conducted pursuant to these rules and for notifications, if entrusted with suc function by the arbitrator.
All briefs submitted to the tribunal must be presented with a copy for the parties involved in the arbitration claim.
The brief of claim must be accompanied by as many copies of the contract and arbitration agreement -if not included in the contract- as there are parties and arbitrators hearing the matter.
The claim’s brief must contain:
1. The name and surnames, address, profession or occupation of the claimant and of his/her representatives and the nature of the representation.
2. The name and address of the respondent.
3. An account of the events and facts on which the claim is based.
4. The points at issue and petitions that are submitted to the decision of the tribunal.
The claimant may accompany all documents he/she deems appropriate or refer to documents and other evidence that he/she will be presenting together with the claim’s writ.
Once notified, the respondent shall respond to the claim in writing within fifteen days.
The response must contain:
1. The name and surnames, address, profession or occupation of the respondent.
2. The defenses of the claim and an account of the events.
3. The petitions that are submitted to the ruling of the tribunal.
The respondent may accompany the documents on which his/her response is based or refer to documents and other evidence that he/she will be presenting together with the response writ.
The respondent may make a counterclaim or enforce a right based on the same contract. The claimant will be granted a ten-day period to respond to the counterclaim, albeit subject to the requirements stipulated in Clause 19.
The arbitration tribunal may decide on the existence or validity of the arbitration clause and the defense of incompetence of the tribunal, which should be presented in the response brief to the claim, or, with respect to a counterclaim, in the response to such counterclaim. The arbitration tribunal shall first decide on the defense regarding its competence.
The arbitration tribunal shall be empowered to determine the existence or validity of the contract of which the arbitration clause forms a part. For these purposes, an arbitration clause forming part of a contract that orders arbitration within the scope of these Regulations shall be considered an agreement separate from the other stipulations in the contract. The decision by the arbitration tribunal ruling that the contract is void shall not entail ipso jure the invalidity of the arbitration clause nor vice versa.
Upon submission of the response brief to the claim or counterclaim, as the case may be, or upon expiration of the terms to do so, the tribunal shall call upon the parties to a reconciliation attempt.
The arbitration tribunal may appoint one or more experts to issue a written report on matters determined by the tribunal.
The parties must supply all pertinent information requested by such expert(s).
Any difference between a party and an expert in this regard shall be settled by the arbitration tribunal.
The tribunal shall send a copy of the expert(s) opinion to the parties once it becomes available, who shall have the opportunity to express their opinion in the period set by the tribunal.
Should the parties fail to attend a conciliation hearing or not reach a resolution of the litigation matter, the arbitrator may grant a maximum period of ten days to supplement initial briefs in support of the points of litigation stipulated either in the claim briefs, in the response, counterclaim or response to the counterclaim.
Nonetheless, the arbitrator shall always have the discretion to set/specify the proceedings of replication and rejoinder.
Upon expiration of this period the tribunal may, by virtue of office or at the request of a party, and also based on information submitted by the parties, set an evidence period not to exceed twenty days which may be extended if for as long as the tribunal deems necessary.
The arbitration tribunal shall give sufficient notice to the parties of any hearing.
If witnesses are to testify, each party shall advise the arbitration tribunal and, through the intermediary thereof and with a prior notice of ten days, will inform the other party of the hearing, indicating the name and address of the witnesses who will testify, the subject and language in which they will do so.
The notice to the tribunal should be issued during the probation period. The tribunal may decide on the way in which witnesses will be interrogated and whether or not it will accept duly signed written replies to questions.
The tribunal shall have the discretion to determine the admissibility, pertinence and relevance of the evidence presented.
If the respondent has not presented his/her response in the period indicated in clause 20 or any of the parties - and although duly convened within the scope of these procedure rules - fails to appear at the hearing and/or submits an excuse rated as not valid enough; in the opinion of the arbitration tribunal the procedure shall continue.
If one of the parties fails, although duly requested to do so, to produce documents or provide any other evidence deemed necessary by the arbitrator in the set periods of time and without sufficient cause; then the arbitration tribunal may issue its arbitral decision based on available evidence.
The value of the means of proof will be appreciated in conscience.
Upon expiration of the probation period, the arbitration tribunal shall declare the hearings closed and will convene the parties to hear a decision.
If the tribunal considers it necessary – due to exceptional circumstances - it may, either by virtue of office or at the request of a party, reopen the hearings at any time before the arbitral decision is issued.
The arbitration decision will be issued within a period of ten days following the decree convening the parties to hear it. It is only during this period that the tribunal may officially decree measures in furtherance of securing more facts, which shall be notified to the parties and should be fulfilled in the period set in each case by the tribunal. The measures not implemented in the period set shall be deemed as not decreed.
The ten-day period to issue the arbitral decision will be understood to be suspended while the measures in furtherance of securing more facts are being fulfilled.
The arbitration tribunal should issue its arbitral decision in a period of six months, and may be extended for a similar period of time, if the tribunal deems it necessary. The period will begin on the date of acceptance of the assignment by a single arbitrator, or on the date of acceptance of the appointment of the last of three arbitrators.
The extension referred to in the preceding paragraph should be notified to the parties by the Centre’s Secretariat before expiration of the original term.
The arbitration tribunal shall decide as an arbitrator ex aequo et bono unless the parties have mutually decided otherwise, provided such procedure adheres to the law. In all cases, the arbitration tribunal shall abide by the contract stipulations while taking into account the mercantile uses/habits/customs applicable to the case.
Should the parties reach an agreement during the arbitration, such agreement shall be approved by the tribunal and upon approval, shall have the nature and force of a final decision.
If it is impossible or unwarranted to continue the procedure prior to an arbitral decision is issued, the arbitration tribunal shall notify the parties of the need to issue an order of conclusion of the procedure. Any of the parties may oppose this if he/she has grounded reasons to do so, to be duly qualified by the tribunal.
If there are three arbitrators, the arbitral decision shall be issued by a majority of votes. Failing a majority agreement, the arbitral decision shall be issue by the Chairman.
The arbitral decision will be issued in writing and shall contain:
1. A precise identification of the litigation parties, their addresses, profession or occupation.
2. An account of the petitions, actions, defenses and allegations made by the parties.
3. A brief account of the evidence.
4. The arbitration decision and principles of equity on which the ruling was based, and if arbitration-at-law, the laws on which it was based.
5. A decision shall be rendered on the costs of the arbitration in relation to reasonable expenses of the arbitrators, public notary filing outlays, plus any notification disbursements or evidence and other outlays.
6. The date and signature of the arbitrator(s) who heard the case. If any of the arbitrators does not sign the arbitral decision, or is a minority vote, it will be deemed that he/she adheres to the majority decision.
The arbitration verdict duly certified by a minister of faith, shall be notified to the parties in the way determined by the arbitrator. Upon notification, a copy shall be filed at the Secretariat of the Santiago Arbitration and Mediation Centre.
The parties may ask the tribunal to correct any numerical error, error in calculation or clarify an obscure concept or omission in the ruling; all this within five days following the customary notification. This petition shall be made through the Centre’s Secretariat, who shall advise it promptly to the arbitrator(s) for a decision within the following eight days. The petition shall be deemed denied if they do not issue a decision in that period.
Only the corrective action or reconsideration shall be available against the resolutions of an arbitrator ex aequo et bono during the processing of the arbitration; and the parties shall undertake to do what is ordered in good faith. The corrective action or clarification, rectification and amendment shall be available against the final decision rendered by an arbitrator ex aequo et bono as shall apply the appeal corrective action. However, this will apply only when the provisions in article 642 of the Code of Civil Procedure have been fulfilled and a power of attorney has been previously conferred upon the Santiago Chamber of Commerce. This with a view to appoint a second-instance arbitration tribunal from among the members of the arbitration team of the Santiago Arbitration and Mediation Centre.
A second-instance tribunal, encompassing three members appointed by the members of the Centre’s arbitration team, shall hear any corrective action request(s) against decisions of arbitrators-at-law when the parties have so stated in the arbitration covenant or agreed thereto by subsequent act prior to the start-up of the arbitration procedure.
The arbitrator who issued the resolutions will order their enforcement. The provisions governing the matter in existing law shall apply to such enforcement of the final decision.
Transitory Article #1
Arbitration claims shall be governed by the regulations stipulated by the parties in the arbitration agreement or clause. Nonetheless, the parties may unanimously submit to the regulations enforceable at the time of the first hearing convened by the tribunal.
Transitory Article #2
The fees charged by the arbitrators who act within the framework of the Santiago Arbitration and Mediation Centre and its administrative fee shall stick to the fee schedules enforceable/valid at the time the arbitration claim begins.
The arbitral tribunal and the Centre shall have the authority to request the parties the supply of funds to defray expenses, fees and the administrative outlays during the course of the arbitration, in the amount they deem pertinent and based on the corresponding arbitrator and administrative fee schedules.