The mediation services from the CAM Santiago are now supplying the business and legal communities alike is a fast, economic and effective alternative in resolving their disputes. Agreements satisfactory to all parties can be reached while protecting commercial and personal relations.
This alternative way forward is optional and the disputing parties can and do negotiate directly with the aid of an expert, neutral mediator who will help them communicate effectively and generate creative solutions to their problems/disputes. The mediators of CAM Santiago have been trained in negotiation and mediation techniques in line with the Harvard University methodology.
The mediation is conducted according to the Rules of Mediation Procedure of the CAM Santiago, which give preference to efficiency, smoothness celerity, flexibility and utmost confidentiality. Model clauses must be used to include mediation by the CAM Santiago in the mechanisms for a dispute settlement/resolution in any contract.
CAM Santiago has a special rate scale for its mediation services, thus turning the issue of relevant costs something completely transparent.
Download Rules of Mediation Procedure
ARTICLE # 1
The Santiago Arbitration and Mediation Centre, hereinafter the Centre, is an internal entity of the Santiago Chamber of Commerce and its purpose is to manage/conduct national and international arbitrations which are submitted to such Centre and to appoint arbitrators and mediators whenever stipulated by the parties. It operates in line with its governing law, these bylaws and the procedure rules.
ARTICLE # 2
The specific functions of the Centre are as follows:
a) To handle and manage the arbitrations and mediations submitted to the Centre and provide assistance and counseling during the course of the arbitration procedure as well as running an organization appropriate to these end purposes. .
b) To prepare and update the list of arbitrators and mediators and delete those members who become disqualified or deliver a negligent/irresponsible performance of their obligations vis-à-vis the Centre and the parties concerned.
c) To appoint arbitrators who are members of the arbitration team to resolve a dispute when the parties have delegated that authority onto the Santiago Chamber of Commerce.
d) To prepare studies and reports on matters concerning to commercial arbitration and mediation, both national and international.
e) To perform the functions inherent to, and represent the Santiago Chamber of Commerce in its capacity as the Chilean Chapter of the Inter-American Convention on Commercial Arbitration.
f) To promote and advertise the institutions of arbitration and mediation.
g) To conduct studies/surveys aimed at improving and developing the institutions of arbitration, mediation and conciliation and submit proposals and recommendations to the public authorities for the same end-purposes.
h) To maintain and foster relations with national and foreign agencies and institutions engaged in arbitration and mediation.
The Santiago Chamber of Commerce) performs any other activity in connection with commercial arbitration and the other alternative means of resolution of commercial disputes.
ARTICLE # 3
The procedure and ruling in the resolution of disputes submitted to the Centre shall abide by the provisions contained in the Rules of Procedure, which may be amended by agreement of the parties.
ARTICLE # 4
The Centre will manage and operate the following entities specifically aimed at performing its functions:
a) The Council.
b) The Arbitration Team.
c) The List of Mediators.
d) The General Secretariat.
ARTICLE # 5
The Council is the managing body of the Centre and is responsible for all the functions specified in Clause number 2 and other functions allocated thereto by these bylaws.
The Council will encompass twelve members, ten of whom will be appointed by the Board of Directors of the Santiago Chamber of Commerce and two by the Chilean Bar Association.
The Chilean Bar Association may at any time remove its representatives if so decided by its Board. Whenever it makes nominations, the Board of the Santiago Chamber of Commerce shall always try to achieve a fair representation of the principal sectors of business and law which are deemed relevant to the institution of arbitration.
The position of Council Member attracts a fee equivalent to 2 Monthly Tax Units per meeting attended (1). The Board of the Santiago Chamber of Commerce is empowered to review the amount of this fee whenever circumstances warrant it.
ARTICLE # 6
The Council will hold office for a period of two years. The Council will elect a Chairman and Vice-Chairman from among its members at its first meeting at the beginning of each term, whom are expected to hold office for the entire term.
This election should be held within thirty days following the start of the respective term. Council Members may be successively reappointed to new terms of office.
ARTICLE # 7
Any vacancy in the position of Council Member occurring because of resignation, death, removal or other impediment that prevents continuing in office will be filled following the same procedure used when the outgoing Council Member was appointed. The new appointee will remain in office until the respective period is concluded.
ARTICLE # 8
Appointment to the position of Council Member automatically makes such person a member of the arbitration team who may act as an arbitrator. (1) Translator’s Note: UTM stands for “Unidad Tributaria Mensual”, which translates as Monthly Tax Unit, and constitutes a monetary unit calculated and payable in Chilean pesos.
ARTICLE # 9
The Council shall meet a minimum of four times a year and whenever convened by the Chairman or at the request of five or more Council Members.
The Council meetings will be deemed as valid whenever a simple majority of its members are present. The advance notice of every meeting must be issued with a minimum anticipation of no less than five days.
Council resolutions shall be adopted by a majority of votes of those present at the meeting, unless special provisions to the contrary specified herein. The Chairman or his/her substitute shall cast the deciding vote in the case of ties.
However, the Council may, under the vote of two-thirds of the members present at the meeting, agree to special majorities for the approval of certain matters or affairs.
ARTICLE # 10
The meetings and actions of the Council will be classified as confidential unless approved otherwise by a majority of the Council Members present at the respective meeting.
ARTICLE # 11
Once a year, the Council will determine the schedule of fees and rates for the services provided by the Centre. Notwithstanding this, the Council may review and adjust such fees and rates at any time if circumstances warrant it.
The Council will invite the views of the Secretary General of the Centre before setting its fees and rates, which must in any case be approved by two-thirds of the Council Members present.
ARTICLE # 12
Whenever any Council Member has a direct interest in a matter submitted to the consideration of the Council, such member shall be disqualified from participating in the meeting(s) where the matter is discussed.
ARTICLE # 13
The Council may appoint some of its members to set up commissions aimed at studying and researching into specific matters. The Council may also delegate special sporadic functions or tasks to one or more of its members.
ARTICLE # 14
The Centre will prepare and keep updated a permanent list of arbitrators encompassing the individuals who, in the Council’s judgment, meet the requirements listed in the following article.
ARTICLE # 15
The individuals on the arbitrators' list constitute the arbitration team of the Centre. The Council, whenever appointing their membership, will take into account their professional capacity and experience, reputation and known morality. The appointment term for all members of the arbitration team will be three years counted from their sworn-in date and their term renewal can be applied successively at their respective expiry dates. If at such expiry date, a specific member of the arbitration team is already committed to a case, his/her appointment will be understood as automatically extended until the case has been concluded.
Notwithstanding the requirements that the Council may stipulate to meet the foregoing purpose, the requirements to be a member of the arbitration corps shall be: a) A minimum of ten years of professional experience, or a business record of renowned competence and probity.
b) A residence or office in the Metropolitan Region. This requirement will not apply in the event of international arbitrations.
c) The member must be enjoying his/her full exercise of civil or political rights.
d) Also, such member must have never been penalized for a breach of professional ethics.
e) Members of the arbitration team who fail to meet one of the above requirements will be removed from the list, for which a resolution of the Council will suffice, and adopted by a simple majority. The removal shall not preclude conclusion of the claims currently being heard by said arbitrator.
ARTICLE # 16
The vote of two-thirds of the Council Members present at the respective meeting shall be required to remove one or more arbitrators from the arbitration team for reasons other than those stipulated in the preceding article. The arbitrators affected shall be entitled to be heard by the Council at the same meeting where such measure is being debated.
The Council may also adopt the measures it deems pertinent in order to ensure compliance with the provisions in article 18 as shown below.
ARTICLE # 17
Those individuals interested in joining the Centre’s arbitration team must submit an application to the Council's Chairman together with the information specified by the Council. The application may be accepted or rejected without reason, and will be notified directly to the applicant by the Secretary General.
ARTICLE # 18
Members of the arbitration team, whenever performing their functions, mus abide by the principles and rules governing the Arbitration and Mediation Centre. Further to the point, they must act at all times with due diligence, and be prepared to guarantee the parties’ confidentiality, equanimity and impartiality. If the appointment of an arbitrator made directly by the parties falls upon a member of the arbitration team. the arbitrator must accept the position unless there is a personal reason which may ultimately be qualified by the Council
ARTICLE # 19
The arbitration team members will charge the fees specified by the Centre, unless agreement to the contrary with the parties, and shall require the parties to pay the Centre’s administration fee.
ARTICLE # 20
The Arbitration and Mediation Centre may only appoint existing members of the Centre’s arbitration team as arbitrators or mediators in disputes submitted thereto.
Notwithstanding the above, under prior approval of the Council, the Centre may agree to manage an arbitration claim that will be heard by an arbitrator who is not a member of the arbitration team; in which case such arbitrator shall become a temporary member for the duration of the process.
The Council must adopt a procedure for the appointment of arbitrators that will ensure objectivity and transparency while simultaneously harmonizing specializations and qualifications relevant to each case.
ARTICLE # 21
The Centre will have a General Secretariat in charge of performing the administrative tasks of the Centre in furtherance of an appropriate conduct of litigation submitted to the arbitrators and mediators. The General Secretariat shall also ensure compliance with the resolutions adopted by the Council.
ARTICLE # 22
The General Secretariat will be managed by a Secretary General who will be answerable to the Council for the normal operation and administrative organization of the Centre.
The Secretary General will be appointed by the Council and shall hold office as long as he/she enjoys the trust of the Council.
The Secretary General shall always be an attorney-at-law.
ARTICLE # 23
The specific duties of the Secretary General are:
a) To act as Secretary to the Council; in that capacity, he/she shall participate in all meetings with the right to speak and state his/her viewpoints.
b) To evaluate the arbitration, mediation and conciliation requests submitted to the Centre, process and submit them to the consideration of the Council or reject them as specified in Clauses 26 and 27 of these bylaws He/she is also expected to prepare the operational budget for the year and define the material needs of the Centre.
d) To arrange for adequate human and material resources required by the arbitrators and mediators who act on behalf of the Centre.
e) To refer the files of closed cases to the relevant Judiciary Archive.
In general, the Secretary General shall perform any other task assigned thereto in these bylaws, by the Council or which may arise directly from the functions entrusted to the General Secretariat.
ARTICLE # 24
The General Secretariat will ensure have the existing entities do fulfill their functions, as determined by the Council and with the approval of the Board of Directors of the Santiago Chamber of Commerce.
ARTICLE # 25
Upon presentation of a request for the Arbitration and Mediation Centre to intervene and invoking an arbitration clause, the Secretary General shall qualify the pertinence of the request and confirm the requirements that must be fulfilled as specified in the articles that follow.
If the request is accepted, the Secretary General will adopt the measures necessary for a smooth start-up of the cause.
ARTICLE # 26
Any person who wishes to submit a controversy to arbitration or mediation by the Centre must present the corresponding request in writing to the Secretary General.
The arbitration request should contain at least the following information and details:
a) The specific request to submit the dispute to administration by the Centre, irrespective of the exceptions stipulated in subparagraph two of the foregoing article 20.
b) The name and address of the parties and, whenever applicable, the authority to submit the request.
c) A reference to the act or contract from which the controversy arises and a genuine copy of the same.
d) A reference to the respective arbitration clause and a genuine copy of the same, whenever it is set out in an instrument other than the contract on which the dispute is based.
e) The name or names of the arbitrator(s) appointed by the parties, whenever there is no explicit mention of such in the document stipulated in d) above or, alternatively, the request for their appointment by the Centre. In the latter case, the request should be accompanied by a copy of the mandate whereby the parties delegate the authority to appoint the arbitrator(s) to the Chairman of the Santiago Chamber of Commerce.
The provisions in article 50 of the respective regulations shall be followed with regards to all Mediation requests.
ARTICLE # 27
In addition to the information stipulated in the preceding article, the parties shall furnish the sum set by the Council, at the proposal of the Secretary General, to pay for expenses and fees of the arbitration procedure. The arbitration willl not begin without this payment.
ARTICLE # 28
The bylaws and the rules of procedure of the Arbitration and Mediation Centre may be amended by the Board of Directors of the Santiago Chamber of Commerce at the recommendation of the Centre’s Council.
For the members of the arbitration team with a valid status at 30 August 2002, the appointment term stipulated in article 12 of these statutes will be counted from 1 September 2002.