Rules Applicable to International Arbitration Cases
CAM Santiago international commercial arbitration rules are based on recognized international standards, which govern the different stages of the process. Even so, the discretion of the parties will prevail in matters they wish to modify by mutual consent, and ranging from place of arbitration, number of arbitrators, language to applicable law.
RULES OF INTERNATIONAL ARBITRATION CONDUCTED BY THE SANTIAGO ARBITRATION AND MEDIATION CENTRE AND ENFORCEABLE SINCE 1 JUNE 2006
Definitions and Scope of Application
- For the purposes of these Rules:
- “Centre” or “CAM Santiago” means the Arbitration and Mediation Centre of the Santiago Chamber of Commerce, Chile;
- “Rules” means these Rules of International Commercial Arbitration of the CAM Santiago;
- “Claimant” means the party who may entail one or more claimants;
- “Respondent” means the party who may entail one or more respondents;
- “Arbitration Tribunal” means the organ which will decide the dispute submitted to arbitration.
- “Judicial Authority” means an organ in the State judicial system of a country; and
- “Arbitration Agreement” means an agreement whereby the parties decide to submit to arbitration all or certain disputes that have arisen or may arise between them and regarding a certain juridical relationship. The Arbitration Agreement may be in the form of an arbitration clause included in a contract or in the form of a separate agreement, whether or not rated as contractual
The Arbitration Agreement must be set in writing. The Agreement will be understood to meet this requirement when it is contained in a document signed by the parties or in an exchange of letters, telexes, faxes, telegrams, e-mails or other means of telecommunication which leave a record of the agreement.
The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement, provided such contract is set in writing and the reference implies such clause forms a part of the contract.
- The parties have agreed in writing submitting to arbitration a dispute which has arisen or may arise between them and regarding a certain juridical, contractual or non-contractual relationship as per the Rules of International Arbitration of the CAM Santiago; and,
- The arbitration indicated in a letter as. above is an international commercial arbitration. Such arbitration will be conducted according to these Rules, unles amended by the parties.
- The parties to an arbitration conducted in accordance with these Rules may modify them by mutual written consent, except as stipulated in Clauses 5, 6, 11, 12, 13, 14, 21 and 39
Notifications and Time Limits
- All communications and other briefs submitted or sent by any of the parties as well as all documents annexed thereto shall be sent or provided in as many copies as there are parties, including one for each arbitrator and another for the Centre’s Secretariat.
- All written notifications or communications requested, sent or submitted in accordance with these Rules shall be delivered at the last address available of the addressee or representative thereof, whether delivered by the party himself or by the counterparty.
- All notifications or communications may be delivered or sent personally, by registered mail, by fax, by e-mail or by any other means which produces a record of dispatch.
- All notifications or communications shall be deemed given on the day of receipt by the addressee or representative thereof, or on the day when they should have been received, which will depend on the means of communication used.
- The periods of time set in these Rules will range from the day following the day when a notification, note, communication or proposal is, or is deemed, received, and will include all following calendar days; even those marked as official holidays or non-working days. However, if the last day of a time limit is an official holiday or non-business day in the place of residence or establishment of the addressee’s businesses, such period of time shall be extended to the next working day.
Waiver of the Right to Challenge
- If a party pursuing arbitration and fully aware of any provision in these Rules or any other requirement established in the terms hereof, any instruction of the arbitration tribunal or any stipulation contained in the arbitration agreement - in relation to the establishment of the arbitral tribunal or the course of the arbitral process has not been fulfilled - but fails to lodge his/her opposition or objection to the failure, shall be deemed to have validated the procedure and shall forfeit any right to subsequent contest or challenge.
Limitation of Liability
- Neither the CAM Santiago, its administrative staff nor the members of the arbitration tribunal shall be liable to any person or institution for deeds, acts or failures relating to the arbitral process they are conducting.
START UP OF THE ARBITRATION PROCESS
Request for Arbitration
- The claimant shall send the respondent and the CAM Santiago a request for arbitration that shall be accompanied by payment of the advance and/or proof thereof according to the existing fee schedule applicable to the calculation of international arbitration expenses of the CAM Santiago. The Centre shall notify the parties on the date of receipt of the request for arbitration; whenever such is submitted by the claimant.
- For all relevant purposes, the arbitration procedure with the CAM Santiago shall be deemed to have begun upon delivery of the request for arbitration and payment of the advance fee required for such start-up.
- The request for arbitration shall contain:
- A petition to submit the dispute to arbitration;
- The full name and address of the parties and persons representing them as well as the nature of such representation;
- A reference to the arbitration agreement or clause on which such request is based;
- A reference to the contract or other legal instrument about which the dispute arose;
- A description of the general nature of the claim by the claimant and the sum claimed, if any;
- All information on the number of arbitrators and their selection pursuant to these Rules as well as the appointment of one or more arbitrators whenever the intervention of the Centre is required; and,
- Any comment on the arbitration location, the governing rules of law and language to be used.
4.The Secretariat of the CAM Santiago may set a period to fulfil any of the requirements indicated above which has not been met by the claimant. The request thereof shall be set aside should it fail to fulfil such requirements in such period, irrespective of the right to submit a new request for arbitration.
Reply to a Request for Arbitration
- The respondent shall send the CAM Santiago and the claimant his/her reply to the request for arbitration within a period of 30 days following the receipt of such request; as stipulated in foregoing Clause 5.
- The reply shall contain at least the following data:
- The full name and address of the parties and persons representing them as well as the nature of such representation;
- Their comments on the nature and circumstances leading to the request for arbitration as well as their position concerning the claims by the claimant and the amount claimed, if any;
- All information on the number of arbitrators and their selection as proposed by the claimant within the scope of these Rules as well as the appointment of one or more arbitrators whenever the intervention of the Santiago Arbitration and Mediation Centre is required; and,
- Any comment on the arbitration location, the governing rules of law and language of the arbitration.
- The answer to the request must be sent in as many copies as specified in foregoing 1 of Clause 2.
- The CAM Santiago shall appoint the arbitrator(s) who will hear the eventual litigation – should there be no answer to the request for arbitration in the period indicated in Clause 1 of this article - thus in full compliance with these Rules.
COMPOSITION OF THE ARBITRATION TRIBUNAL
Decisions adopted by the Centre
- All decisions adopted by CAM Santiago pertaining the appointment, confirmation, rejection or substitution of an arbitrator will be final, without any need to state a reason.
Number of Arbitrators
- One or three arbitrators may resolve a dispute.
- In the absence of an agreement among the parties on the number of arbitrators, the dispute shall be settled by one single arbitrator unless the CAM Santiago decides that the arbitration tribunal must entail three. In this latter case, each of the parties shall have a period of 15 days to appoint an arbitrator, counted from receipt of the notification of the decision adopted by the CAM Santiago in this regard, and subject to confirmation by the Centre..
- The parties are entitled to agree and appoint one single arbitrator by mutual consent; albeit subject to confirmation by the CAM Santiago.
- The arbitrator shall be appointed by the Centre if the parties have not made such an appointment within 30 days following notice of the request for arbitration.
- If the dispute is to be resolved by a three-arbitrator tribunal, both the claimant, in his/her relevant request for arbitration, and the respondent, in his/her answer thereto, will appoint an arbitrator for confirmation. CAM Santiago shall make the appointment on behalf of any of the parties who does not name an arbitrator in such briefs. The third arbitrator will be the Chairman of the tribunal, is to be appointed by CAM Santiago without having to state the reason(s) for such decision.
Appointment, Confirmation and Acceptance of the Arbitrators
- Unless there is an agreement to the contrary adopted by the parties, CAM Santiago shall consider, in the appointment or confirmation of one or more arbitrators, the information pertaining the nationality of the different parties and of the remainder of the arbitral tribunal, It will also take into account the availability and aptitudes of the arbitrators chosen to conduct the arbitration process in line with with these Rules.
- The resolutions of the CAM Santiago in this regard shall be issued without stating the reason(s) for such decision.
- The arbitrators or co-arbitrators appointed by the parties will only be confirmed by CAM Santiago if they have signed a declaration of independence in the terms set down in Clause 11 of these Rules.
- If the litigation is resolved by one single arbitrator, the nationality thereof shall be different from that of the litigating parties, unless CAM Santiago deems otherwise after consulting the parties, who may oppose this for a valid reason. The same shall apply to the Chairman of a three-member tribunal.
- The arbitrators appointed and/or confirmed by CAM Santiago will accept such position as soon as possible and the Centre shall notify this acceptance to the parties. For all legal purposes, the date of acceptance of the arbitrator or last arbitrator shall be regarded as the date when the arbitration tribunal was set up.
- Should there be multiple claimants and/or respondents in the respective requests for arbitration or answers thereto, either a one-o-three-arbitrator tribunal must be established, both the claimants, and the respondents, - in a joint fashion respectively - shall appoint the arbitrator in their respective briefs, as specified in these Rules.
- CAM Santiago shall appoint the relevant arbitrator(s) whenever there is no agreement on such appointment.
Independence and Impartiality
- At all times, all arbitrators must be and remain independent and impartial.
- The candidate for arbitrator must, as a requirement whenever accepting his/her appointment, sign and send a written declaration to the CAM Santiago advising that he/she is aware of no circumstance(s) that may originate reasonable doubt(s) as to his/her independence and impartiality. The arbitrator will swiftly disclose to the parties and to the CAM Santiago of any circumstance arising subsequently that may reasonably affect his/her independence and impartiality.
- Notwithstanding the provisions in numbers 4 and 5 of this Clause (please see below) no party may establish communication with an arbitrator or a candidate for arbitrator in relation to the case unless the other party or parties are present.
- A party or the representative thereof may contact the arbitrator candidate of one party for the following purposes only:
- To advise the candidate on the general nature of the dispute and of the arbitration procedure; and/or,
- To ask the candidate about his/her traits, availability, his/her independence in respect of the parties and impartiality in connection with the dispute.
- Unless there are any stipulations to the contrary issued by the parties, none of such parties or the representatives thereof may contact the would-be arbitrator of the other party and aim at receiving information and/or ask about the traits and suitability of the candidates for chairman of the arbitration tribunal.
- An arbitrator may be objected/challenged only if:
- There are circumstances that justifiably put his independence and impartiality in doubt; or
- The arbitrator does not have the outstanding/remarkable traits agreed upon by the parties.
- A party may only object/challenge the arbitrator in whose appointment he/she has participated due to valid reasons he/she has learned about after the appointment.
- When an arbitration agreement specifies that a conciliator or mediator must be appointed and such official must also subsequently act as arbitrator in the event the cociliation or mediation fails; a party may not oppose the appointment of the conciliator or mediator to the position of arbitrator based solely on the fact that he/she was a conciliator or mediator in all or certain matters heard in the arbitration proceedings.
- If a person appointed as conciliator or mediator in accordance with the arbitration agreement thereafter refuses to act as arbitrator, the person who is appointed arbitrator in his/her stead will not be required to perform first as a conciliator or mediator.
- The party who attempts to challenge an arbitrator should send a written communication to the CAM Santiago explaining the reasons for the objection within 15 days following the date when he/she learned of his/her appointment or elaborating on the circumstances indicated in Clause 12 above.
- Upon receipt of the request for objection/challenge the CAM Santiago will notify such a request to the other party or parties and to the members of the arbitration tribunal.
- If the other party or parties state its/their consent regarding the objection/challenge submitted by a party, the challenged arbitrator shall resign. In the absence of an agreement among the parties as to the objection/challenge, the objected arbitrator may resign on his/her own initiative. The resignation of the arbitrator from his/her position will not imply acceptance of the reasons for the objection/challenge.
- Unless the challenged arbitrator resigns from his/her position or the other party accepts the objection the CAM Santiago shall decide on such objection without having to state the reason for it.
Termination of the Functions of an Arbitrator
- The function of an arbitrator shall terminate if:
- The arbitrator becomes incapacitated de jure or de facto to perform his/her functions of arbitrator or because of any other valid reason does not perform such functions in a reasonable period of time and/or officially resigns or whenever the parties jointly decide upon such termination. In the absence of an agreement between the parties on those facts, any of the parties may request the CAM Santiago to declare the termination of the functions of the arbitrator after the relevant hearing has taken place.
- The request for challenge/objection must be accepted as per the terms of Clause 12 of these Rules;
- The arbitrator resigns for any reason; or,
- The parties consider his/her functions terminated by mutual written consent.
- Whenever an arbitrator resigns or a party who has appointed or accepted the appointment thereof states his consent for the termination of his/her functions as arbitrator in line with foregoing Clauses 1 letter a. and/or 13, the arbitrator shall not be deemed to have accepted the applicability of the reasons indicated in Clauses 1 letter a. or 12 of these Rules.
- If an arbitration tribunal comprised of three arbitrators refuses to participate in the arbitration even though his/her termination has not been formally decreed, the other members of the arbitration tribunal may continue with the arbitration procedure. Any decision, procedural order or verdict will be fully valid should the other two arbitrators decide to continue with the arbitration process.
- The two remaining arbitrators in office should bear in mind the stage of the arbitration process when deciding whether or not to continue with such procedure, the reasons for which the third arbitrator refuses to participate and/or other relevant aspects.
- If the two arbitrators decide not to continue with the arbitration process unless the third arbitrator participates, the CAM Santiago shall consider the functions of the third arbitrator terminated and appoint a substitute as per the terms set down in these Rules.
Substitution of an Arbitrator
- When an arbitrator leaves office due to the stipulations of Clauses 12 or 14 of these Rules or resigns for any other reason or is removed by agreement of the parties or the term of office thereof expires for any other reason; a substitute arbitrator shall be appointed in line with these Rules. All this unless the CAM Santiago decides, at its exclusive discretion, that another procedure would appear to be more appropriate or swifter.
- Unless there is an agreement of the parties to the contrary when an arbitrator has been substituted, the arbitration tribunal shall determine whether one or more hearings held prior to the relevant substitution must be repeated.
- A change in the composition of the arbitration tribunal will not be invalidated by the mere fact the resolutions were issued by the arbitral tribunal prior to the substitution of an arbitrator.
COMPETENCE OF THE ARBITRATION TRIBUNAL
Lack of Competence
- The arbitration tribunal has the authority to decide on its own competence, even regarding the motions of existence or validity of the arbitration agreement. For these purposes:
- An arbitration clause encompassed in a Contract will be deemed as an agreement irrespective of the other Contract stipulations and,
- The decision of the arbitration tribunal stating the Contract is null or void does not entail, ipso jure, the nullity or invalidity of the arbitration clause.
- The motion for incompetence of the arbitration tribunal should be submitted no later than the moment when the answer of the claim is submitted or, with respect to a counterclaim, the answering statement to such counterclaim. However, the parties will not be able to enter this motion because they have appointed an arbitrator or participated in the appointment thereof.
- The motion based on the arbitration tribunal having exceeded its mandate should be entered as soon as the matter on which it allegedly exceeded its mandate arises during the arbitration process.
- The arbitration tribunal may, in any of the cases mentioned in numbers 2 or 3 of this Clause, admit a motion for consideration submitted at a later date if it reckons the delay to be justified.
- The arbitration tribunal may decide, as a prior matter, on the motions indicated in numbers 2 and 3 of this Clause by means of an interlocutory verdict or in the final verdict.
Precautionary and Provisional Safeguards
- Unless there is an agreement of the parties to the contrary, the arbitration tribunal, upon request from any of the parties, may order cautionary or provisional safeguards it deems suitable against any of the parties regarding the objective of the litigation.
- Such measures may be stipulated in a provisional verdict. The arbitration tribunal may demand a guarantee of the petitioner in order to ensure redress for eventual damages which may be caused to the party affected by the measure which has been granted.
- The parties may request the competent judicial authority the adoption of provisional or cautionary safeguards. The petition by a party to a judicial authority seeking such safeguards or the enforcement of similar precautions ordered by an arbitration tribunal does not breach the arbitration agreement nor will be it interpreted as a waiver of such agreement nor will it affect the powers of the arbitral tribunal in such regard. Any petition or order to this effect will be communicated by the petitioner to the arbitration tribunal as soon as possible.
HANDLING OF ARBITRATION PROCEEDINGS
- The parties may be represented or advised during the arbitration procedure by persons of their own choice, without any restriction on nationality or professional credentials.
- Each party shall give written notification to the arbitration tribunal or the other party(ies) of:
- The full name and address of the persons who will represent or advise them; and,
- The capacity in which such persons will participate in the arbitration procedure.
Place of Arbitration and Hearings
- The parties shall choose the arbitration’s place or location. In the absence of an agreement, the arbitration tribunal shall determine the place of arbitration, taking into account the positions of the parties and the circumstances of the case, including also the parties own convenience.
- Irrespective of the provisions in the preceding paragraph, the arbitration tribunal may, unless there is another agreement of the parties to the contrary, meet, hold hearings, deliberate and conduct inspections of assets or documents in any location(s) they deem appropriate. If the location chosen by the arbitration tribunal in those terms turns out to be different from the arbitration location, the arbitration procedure shall be deemed, for all pertinent purposes, to have been conducted, and any verdic issued at the arbitration location.
- Unless stipulations to the contrary adopted by the parties, prior to the setting up of the arbitration tribunal,the parties will use the language or languages of the arbitration agreement for all the arbitration communications.
- In the absence of an agreement amid the parties, the arbitration tribunal shall determine without delay, after its setting up appointment, the language(s) that will be used in the arbitration procedure, taking into consideration the statements of the parties and the language or languages of the arbitration agreement. Such decision shall apply to the claim statement, reply statement and any other written statements and, if hearings are held, to the language(s) which must be used at such hearings.
- The arbitration tribunal may order that any documentary proof is submitted together with a translation into the language(s) agreed upon by the parties or decided upon by the arbitration tribunal.
Handling of the Arbitration Procedure
- The parties shall be treated equally and will have a full opportunity to enforce their rights.
- The arbitration tribunal may, at its discretion but always subject to these Rules, direct the procedure in the manner it deems appropriate and with a view to avoid unnecessary delays and expenses while ensuring an efficient and fair means aimed at achieving a final settlement of the dispute.
- The power of the arbitration tribunal conferred in number 2 above includes the power to determine the admissibility, pertinence and value of evidence, to disregard irrelevant and repetitive evidence, and to encourage the parties to focus their evidence and arguments on aspects which go in support of the partial or total settlement of the dispute.
- The parties agree they shall - at all times - act in good faith, in benefit of a fair, efficient and swift handling of the overall arbitration procedure.
- The arbitration tribunal may hold preliminary meetings with the parties to:
- Agree upon the procedure to which the arbitration will be subject;
- Set the period of time indicated in these Rules;
- Set the dates for hearings; and,
- Decide on any aspect established or permitted in these Rules so as to ensuring an efficient functioning of the arbitration procedure.
Statements of Claim, Reply and Counterclaim
- In the absence of an agreement of the parties, the claimant should furnish a statement of claim in the period of time set by the arbitration tribunal which contains his/her full name and address, capacity in which he/she intervenes, the name and address of his/her representatives or advisors, a clear description of the events comprising the facts of his/her claim and the points in dispute and/or his/her claims indicating the amounts or commitments claimed. The claimant should send a copy of his/her statement of claim as well as the copies indicated in Clause 2 number 1 of these Rules to the respondent and to each of the arbitrators. The statement of claim may also be sent together with the request for arbitration discussed in Clause 5 of these Rules.
- In the absence of an agreement between the parties, the respondent will, in the period of time set by the arbitral tribunal, furnish an answering statement containing his/her full name, address and the capacity in which he/she intervenes, the name and address of his/her representatives or advisors, the motions entered against the claim and a clear explanation of the facts and the basis on which they are supported, as well as his/her comments on the claims issued by the claimant. The respondent should send a copy of his/her answering statement as well as the copies indicated in Clause 2 number 1 of these Rules to both the claimant and to each of the arbitrators.
- In his answering statement, or thereafter, if the arbitration tribunal so authorizes it, the respondent may enter a counterclaim against the claimant regarding one or more aspects relating to the same contract or claim. The statement of counterclaim should contain the full name and address of the parties, the facts on which the counterclaim is based, the points in dispute and the claims of the counterclaimant. The counterclaimant should send a copy of his/her statement of counterclaim as well as the copies indicated in Clause 2 number 1 of these Rules to the counterclaim respondent and to each of the arbitrators. The counterclaim respondent should comply with the provisions in number 2 above.
- The parties must annex all documents to their statements they deem relevant or which make reference to documents or evidence they will submit thereafter.
- The respondent shall annex a copy of the arbitration agreement or of the contract or document that is the basis for action to his/her statement of counterclaim.
- The parties may submit new claims during the course of the arbitration procedure unless the arbitration tribunal considers it inappropriate.
- Any new claim submitted by the parties should be foreseen in the framework of the arbitration agreement.
- The arbitration tribunal may decide immediately on the successive formalities or move directly onto the evidence examination period if the parties have submitted both a claim and answer thereto and a counterclaim and answer thereto.
- The arbitration tribunal may request or authorize the parties to present additional statements, for which it will set the periods of time to exchange such.
- When it deems appropriate, the arbitration tribunal may extend the period of time set as per the terms of number 1 above.
- Each party will have the burden of proof pertaining the facts on which his/her actions or defensive arguments are based.
- The arbitration tribunal may, if it deems appropriate, ask the parties to submit a summary of the documents and evidence that they will present in support of the points in dispute on which their statements of claims or response are based.
- The arbitration tribunal may occasionally request the parties to furnish additional documents, appendices and evidence and may set the date or period of time for submitting them.
- All statements, documents, requests or information submitted to the arbitration tribunal by one party should be communicated to the other party. Any expert opinion or document of proof the arbitration tribunal takes into account in its decision shall also be advised to both parties.
- Unless there is an agreement reached by the parties, the arbitration tribunal shall decide whether hearings must be held to present evidence or oral arguments and whether the proceedings will become necessary. All this to be based on documents or other evidence.
- The parties shall be notified sufficiently in advance:
- Of any meeting of the arbitration tribunal to examine merchandise, other goods or documents; and,
- Any hearing of the arbitration tribunal.
- The parties shall, while presenting witnesses, notify the arbitration tribunal and the other party in a period set by the arbitral tribunal:
- Of the full names, surnames, addresses, occupation or trade of the witnesses he/she/it wishes to present; and,
- The subject and language in which the witnesses will testify.
- The arbitration tribunal will make the necessary arrangements for the translation of all oral statements made at the hearings and for the taping of the hearings, all of which will be covered by the parties:
- If the arbitration tribunal deems it necessary as per the circumstances of the case; or,
- If the parties have agreed and asked so to the arbitration tribunal with a reasonable anticipation to the hearing.
- All oral hearings and meetings of the arbitration tribunal will be private, unless there is already a written agreement signed by the parties.
- The arbitration tribunal shall determine the date and time, means and way in which a witness will give his/her testimony. It may also ask a witness to leave the hearing when another witness must give his/her testimony.
- Save a provision to the contrary decided by the arbitral tribunal, the testimony of a witness should be in the form of a written and signed statement.
- A party may ask for the witness presented by the other party to attend the hearing in order to cross-examine him/her. If the arbitration tribunal so decides and the witness does not attend for no valid reason, and also depending on the circumstances of the case, the arbitration tribunal may consider the written testimony of the witness or disregard it altogether.
- When the claimant does not present his/her statement of claim within the terms stipulated in Clause 22 number 1 of these Rules or in the period set for such purpose by the arbitration tribunal without quoting a valid reason, the arbitration tribunal may conclude the proceedings in relation to such claim.
- The decision of the arbitration tribunal to conclude the arbitration proceeding in the terms of number 1 above does not affect the pertinence of the counterclaim presented in the same procedure.
- When the respondent fails to present his/her answering statement within the stipulations of Article 22 number 2 of these Rules or in the period set for such purposes by the arbitration tribunal without quoting a valid reason, the arbitration may continue with the proceedings without such failure being considered as an acceptance of the allegations lodged by the claimant.
- When one of the parties does not attend a hearing or fails to submit documentary evidence without quoting a valid reason, the arbitration tribunal may continue with the proceedings and issue an award based on the evidence available.
- The arbitration tribunal may:
- Appoint one or more experts to report on the specific matters to be decided by the arbitration; and,
- Ask any of the parties to provide all pertinent information to the expert or submit it to inspection and/or provide access to all documents, merchandise or other pertinent goods.
- The arbitration tribunal shall advise the parties of the scope of the expert’s mandate.
- Any dispute arising among a party and the expert in relation to the preparation or pertinence of the information required should be referred to the arbitration tribunal for settlement.
- Upon receiving the expert opinion, the arbitration tribunal shall furnish a copy thereof to each party in order for them to express in writing whatever comments/objections they deem appropriate.
- At the request of a party, the expert shall:
- Make available to the petitioner all documents, goods or other materials he/she holds and which have been provided thereto to prepare his/her opinion; and,
- Supply the petitioner with:
- A list of all documents, goods or any material not in his/her possession but provided thereto to prepare his/her opinion; and,
- Information on the location of such documents, goods or materials.
- Unless there is a written agreement of the parties to the contrary, when a party so requests or the arbitration tribunal does consider it necessary, the expert who has prepared an oral or written opinion should participate in a hearing in order for the parties to have the opportunity to:
- Put questions to the expert; and,
- Present other experts to report on the points in dispute.
ISSUING A VERDICT AND CONCLUSION OF THE ARBITRATION PROCEDURE
- The arbitration tribunal shall settle the dispute according to the rules of law chosen by the parties to be relevant to the substance of the litigation.
- All indications of the law or legal system of a certain State shall be understood to refer, unless stipulation to the contrary, to the substantive law of such State and not its rules concerning a conflict of laws.
- If the parties fail to choose the terms of number 1 above, the arbitration tribunal shall apply the rules of law it deems appropriate and in line with the circumstances of the case.
- The arbitration tribunal shall decide ex aequo et bono or as friendly settler only if the parties have so expressly agreed.
- 5. In any case, the arbitration tribunal shall take into account the stipulations in the contract and the pertinent uses in commerce.
Closing of the Proceedings
- The arbitration tribunal may declare the closing of the proceedings when:
- The parties have given notice they have no further proof or arguments to submit, or,
- Subject to Clause 25 number 1 of these Rules, the arbitration tribunal believes no further hearings are required.
- After decreeing the closing of the proceedings, no statement, argument or proof shall be admissible unless the arbitration tribunal does authorize it because of exceptional circumstances – be those either at the request of a party or in its own initiative.
Issuing the Award and Period for Doing So
- When the arbitration tribunal encompasses three arbitrators, their decisions shall be adopted by a majority vote of its members. If there is no majority to decide on the dispute, the Chairman of the arbitral tribunal will decide and issue the verdict.
- However, the Chairman of the arbitration tribunal may decide on matters of procedure when he/she has been authorized by either of the parties or by the other members of the tribunal.
- The arbitration tribunal shall issue its verdict within a period of six months. Such period shall extend from the date of the answering statement of the claim or from the date of the answer to the counterclaim, if any. The period of six months shall begin, if a respondent does not submit an answering statement in the period set by the arbitration tribunal, on the day following expiration of the period to make such presentation. The arbitration tribunal shall act likewise if the respondent of the counterclaim does not submit his/her reply to the counterclaim.
- Should there a valid justification, the arbitration tribunal may, on its own initiative, and only once, extend the period set in number 3.
A Verdict Issued by Agreement of the Parties
- If the parties reach an agreement that settles the dispute during the arbitration procedure, the arbitration tribunal shall conclude the proceedings and, upon request by both parties rates the agreement to be a verdict.
- The verdict by agreement of the parties should be issued in accordance with the provisions of Clause 33 of these Rules and should contain the statement stating it is a settlement agreed upon by the parties and deemed as a verdict.
- A verdict by agreement of the parties will have the same nature and effects as a final verdict issued on the substance of the dispute.
Form and Content of the Verdict
- In addition to the final verdict, the arbitration tribunal may render provisional, interlocutory verdicts as well as final but partial verdicts.
- The final verdict and other resolutions indicated in number 1 above shall be issued in writing and will be final, not appealable and binding upon the parties. The verdict shall be signed by the members of the arbitration tribunal.
- For purposes of number 2 above, the signatures of a majority of the members of the arbitration tribunal shall suffice in arbitration proceedings with more than one arbitrator; provided there is a record of the reasons for the absence of the remaining members.
- The arbitration verdict shall be elaborated unless the parties have agreed otherwise or it is a verdict issued under the terms agreed by the parties as per the foregoing Clause 32.
- The verdict will state the date when it is issued and the place of arbitration set in accordance with Clause 19 number 1 of these Rules. The verdict shall be deemed issued at such location.
- Once the final verdict has been issued, the arbitration tribunal will send the original version of it to the CAM Santiago for its proper registration and the latter will inform each party the text of the final verdict signed by the arbitration tribunal, in line with Clause 2 of these Rules, and provided always the expenses and costs of the arbitration have been fully paid by the parties or by one of them. Unless written agreement of the parties to the contrary, the present provision implies the waiving of any other form of communication or deposit of the final verdict.
- The arbitration verdict may order the payment of simple or composite interest, including interest prior or subsequent to the verdict, and such will be paid once the parties have fulfilled the verdict. The verdict should be fulfilled in the currency or currencies the arbitration tribunal deems appropriate.
- 8. The verdict will be confidential unless disclosure thereof is required for a challenge procedure, fulfilment or enforcement of such verdict, or the law or any judicial authority requires disclosure thereof or whenever the parties mutually agree to stipulate it is not confidential. However, the CAM Santiago may publish the verdicts while protecting the confidential data pertaining the identity of the parties.
- The parties are compelled to comply with the verdict without delay due to the fact they have submitted their dispute to these Rules.
Termination of the Procedure
- The arbitration proceedings end with the issuing of a final award or decision on the arbitration tribunal in the terms of number 2 below or Clause 27 number 1 of these Rules.
- The arbitration tribunal shall decide to terminate its proceedings when:
- The claimant withdraws his claim unless the respondent is against it and the arbitration tribunal recognizes the interest of the respondent to be legitimate in seeking a final solution to the dispute;
- The parties agree to conclude the arbitration proceedings; or,
- The arbitration tribunal confirms that the continuation of the arbitration proceedings would be unnecessary or impossible.
Correction and Interpretation of the Main and Additional Verdicts
- Any of the parties may request, within 30 days following notice of the verdict to the parties, that the arbitration tribunal:
- Corrects any error in calculation, copy, typing or the like in the verdict and,
- Interprets a point or specific part of the verdict.
- If the arbitration tribunal considers the petition lodged in the terms of number 1 above to be appropriate, it will make the correction or issue the interpretation within 30 days following receipt of such petition. Such an interpretation will become part and parcel of the verdict.
- The arbitration tribunal may, on its own initiative, correct any of the errors mentioned in number 1 letter a) above within 30 days following the date when the verdict was issued.
- Any of the parties may, within 30 days following notification of the verdict, may ask, with notice to the other party, for the arbitration tribunal to issue an additional verdict in relation to the claims made during the arbitration proceedings but omitted in the verdict.
- If the arbitration tribunal considers the petition made as per the terms of number 4 above to be appropriate, it will issue the additional verdict within 60 days following receipt of the petition.
- The arbitration tribunal may extend, if necessary, the period to make a correction, issue an interpretation or an additional verdict within the stipulations of this Clause.
- The provisions in Clause 33 will apply in relation to corrections or interpretation of the verdict or any additional verdicts. The arbitration tribunal will give notice to the other party of any petition for a correction or new/additional interpretation of both the main and additional verdict, and such other party may submit his/her observations to such petition in a period of 15 days after the relevant notice.
Expenses/Outlays and Costs
- The expenses/outlays and costs of the arbitration include:
- The fees of the arbitration, indicated separately for each arbitrator;
- Travel or other expenses incurred by the arbitration tribune, indicated separately for each arbitrator;
- If pertinent, the fees and expenses of an expert appointed by the arbitration tribunal
- If pertinent, the fees and expenses of the witnesses approved by the arbitration tribunal;
- Other expenses determined by the arbitration tribunal that were reasonably incurred by the winning party and claimed in the arbitration procedure; and,
- The administration fee or other charges of the CAM Santiago or other services provided to the arbitration tribunal or to the parties in relation to the arbitration procedure.
- The arbitration tribunal will set the expenses and costs of the arbitration in its final verdict.
Distribution of Expenses/Outlays and Costs
- Subject to the stipulations in number 2 below, the expenses/outlays and costs of the arbitration will be at the expense of the losing party unless the arbitration tribunal decides to prorate them among the parties, merely by taking into account the circumstances of the case.
- The arbitration tribunal will decide which party should pay the expenses, outlays and costs indicated in Clause 36 number 1 letter e) of these Rules or whether they should be prorated between both parties, merely by taking into account the circumstances of the case.
Compelling Meeting of Costs
- The arbitration tribunal should include the determination of costs when it decides to terminate the arbitration proceedings or deems an agreement of the parties to be a verdict.
- If the CAM Santiago considers it reasonable and justified, the arbitration tribunal may request payment of additional fees to cover the correction, interpretation or additions to the verdict. This payment should be made in its entirety by the parties prior to the arbitration tribunal making such correction, interpretation or additions.
- Clauses 35 and 36 of these Rules shall apply to the payment of fees stipulated in number 2 above.
- After the arbitration tribunal has been set up, the CAM Santiago may request each of the parties may deposit an equal sum as an advance on the costs mentioned in letters a., b., c. and f. of Clause 36 number 1 of these Rules.
- The CAM Santiago may occasionally request additional deposits by the parties, depending on the progress secured in the arbitration process.
- If the requested deposits have not been furnished within 30 days after the CAM Santiago request, the Centre will demand from the parties - for one or the other - to make the required deposit. If the payment is not made, the CAM Santiago may order the suspension or conclusion of the arbitration procedure.
- If requested, the CAM Santiago may withhold any deposit required in the terms of this article.
- The CAM Santiago may pay the fees or expenses incurred by the arbitration tribunal in the arbitration procedure by merely using the deposits withheld as per the terms of this Clause.
- Once the final verdict has been issued, the CAM Santiago will use the deposits furnished by the parties to pay the costs of the arbitration procedure, as specified in the verdict.
- The fees charged by arbitrators working within the framework of CAM Santiago and the administrative fee of the latter shall be subject to the schedules in place at the time the arbitral proceedings begin.
- The arbitration tribunal and Centre shall have the right to ask the parties to provide for the funds deemed as pertinent during the course of the arbitration to defray expenses, fees and the administrative overheads specified in the relevant administrative fees’ schedule.