¿Qué unidades del CAM Santiago se encuentran en la sede de San Sebastián?
Desde diciembre de 2020, la Dirección Jurídica y la Unidad de Arbitraje del CAM Santiago se encuentra operando en la segunda sede del CAM, ubicada en San Sebastián 2812, Las Condes.
How to create a user account in E-CAM Santiago?
In order to obtain a username and password in E-CAM Santiago it is necessary that you prove that you have power of attorney in the case, so that the person in charge of your case (Arbitration Unit or Mediation Unit) can proceed with the creation of your user profile and association to the electronic file.
How is the Santiago Arbitration and Mediation Centre working during these COVID-19 pandemic days?
On May 29 of 2020, the CAM Santiago renewed its remote operating measures by this operating statement. The statement covers customer service, online requests and consultations, the submission of briefs via E-CAM Santiago and the holding of a distance hearing. In addition, the functioning of CAM Santiago in recent months has been according to Law Number 21226, the measures taken by the Ordinary Courts of Justice, Special Courts, and the main foreign arbitration institutions.
Which is the correct way to address or refer to the Santiago Arbitration and Mediation Centre?
The correct thing to say is CAM Santiago, due to the fact CAM is the Spanish acronym for Centro de Arbitraje y Mediación (CAM). In addition, Santiago refers to the Santiago Chamber of Commerce, whose Spanish institutional acronym is CCS.
What are the functions of the lawyers of the Arbitration Unit and the Mediation Unit?
The lawyers of the CAM Santiago’s processing units (known in other countries as administrators or case managers) form a professional team that ensures the proper functioning of our arbitration, mediation and dispute board services, and support the parties, their attorneys, arbitrators and mediators throughout our proceedings. These lawyers are a connecting bridge between the different stakeholders in a case and the CAM Santiago. As well, their functions is to coordinate the face-to-face or virtual hearings, the electronic files and the presence of the interveners in the E-CAM Santiago network and are the valid communications between the parties, their attorneys, arbitrators, and mediators.
Where is the international commercial arbitration regulated?
In Chile, this type of arbitration is legally regulated in Law Number 19971 on International Commercial Arbitration (2004), which was promoted by the Santiago Arbitration and Mediation Centre (CAM) in 2003. It is based on the UNCITRAL Model Law on International Commercial Arbitration (without the amendments of year 2006). Furthermore, the CAM has created the Rules on International Commercial Arbitration, that have been enforced since 2006. The parties have complete liberty to modify these Rules in their first hearing were the bases of the procedure are established.
How to request an international arbitration at the CAM Santiago ?
To access our international arbitration service, we recommend you to including in your contract our standard clause on international commercial arbitration and making explicit reference to the Rules of International Commercial Arbitration of the CAM.
Can the Santiago the CAM administer procedures under the ICC Rules?
The Arbitration and Mediation Centre (CAM) of the Santiago Chamber of Commerce (CCS) has its own Rules of International Commercial Arbitration. Furthermore, in accordance with article 1.2 of the ICC Arbitration Rules, the International Court of Arbitration of the International Chamber of Commerce (ICC) is the only body authorized to administer arbitration under the terms of those Rules.
When is an arbitration considered international?
According to Law Number 19.971, an arbitration is considered international if: a) The parties that have agreed to have an arbitration have, at the time of that agreement, their establishments in different States, or b) One of the following places is located outside of the State in which the parties have their establishments: i) The place of arbitration, if it has been determined in the arbitration agreement or pursuant to the arbitration agreement; ii) The place of performance of a substantial part of the obligations of the commercial relationship or the place with which the object of the dispute has a closer relationship, or c) The parties have expressly agreed that the matter object of the arbitration is related to more than one State. On the other hand, if one of the parties has more than one office, the office will be the one that has a closer relationship with the arbitration agreement; and if a party does not have any office, their habitual residence will be taken into account.
When is an arbitration considered commercial?
According with Law Number 19,971, the expression “commercial” must be interpreted in a broad sense so that it encompasses all the issues that arise in relationships of this nature, contractual or not. These include, for example, any commercial operation of supply or exchange of goods or services, distribution agreement, representation or commercial mandate, transfer of credits for collection, leasing of capital goods with option to purchase, construction of works, consulting, engineering, licensing, investment, financing, banking, insurance, operating agreement or concession, business associations and other forms of industrial or commercial cooperation, transport of goods or passengers by air, sea, rail or byroad/highway.
Can an international arbitration tribunal decide on its own jurisdiction?
The international arbitral tribunal has the power to decide on its own jurisdiction, including on the exceptions relating to the existence or validity of the arbitration agreement. For this purpose, an arbitration clause that is part of a contract will be considered as an independent agreement from the other terms of the contract. The decision of the arbitration tribunal deciding that the contract is null shall not ipso jure imply to the nullity of the arbitration clause.
Are the seat and place of arbitration the same?
The seat is a legal concept, while the place of arbitration is a concept that refers to a physical space. The seat of an arbitration influences the domestic courts that will support the arbitration (for instance the Court of Appeals of a given city, upon hearing a petition for annulment) and the law applicable to the case. In the other hand, the place of arbitration refers to the place where the arbitral tribunal may meet to either hold deliberations among its members, to hear witnesses, experts or parties, to examine merchandise consignments or other property or documents.
What remedies proceed again the international arbitral award?
Against an international arbitration award, only the request for annulment before the respective Court of Appeals is admissible, which can only be interposed three months from the date of receipt of the award or, if the petition has been made in accordance with Article 33 of Law Number 19971 (correction and interpretation of the award and additional award), from the date such request has been resolved by the arbitration tribunal.