Domestic Arbitration

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.
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.
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.
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.
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.
The Santiago Arbitration and Mediation Centre CAM’s Arbitration Rules establish a maximum period of 6 months to complete arbitration, counted from the notification of the resolution that falls on the lawsuit. This period can be extended for up to 6 more months by the arbitral tribunal deems it necessary (article 4).
In 2017 the CAM Santiago created a group of Young Arbitrators (AJ CAM Santiago), incorporating a special list of 22 professionals under the age of 40. This initiative seeks to provide adequate conflict resolution in cases which amount does not exceed 2,000 UF, through an abbreviated process that provides speed, flexibility, promptness and cost reductions. This group is mainly oriented to the resolution of cases at a first instance, of a domestic nature and with lower amount disputed.
In domestic law, a distinction can be made between the arbitrator of law, arbitrator ex aequo et bono and the arbitrator Arbitrator-At-Law with Regards to the Substance of the Dispute and Ex Aequo Et Bono with Regards to the Procedure. The arbitrator of law issues his/her verdict, in accordance with the law and his/her best knowledge dictates, both in the processing and in the pronouncement of the final verdict, to the rules established for ordinary judges, according to the nature of the action deduced. The arbitrator ex aequo et bono issues his/her verdict according to what his prudence and fairness dictate, and will not be obliged to keep in his/her procedures and in his/her ruling other rules than those that the parties have expressed in the constitutive act of the commitment, and if these would have nothing expressed, to those established in this case in the Civil Procedure Code. The Arbitrator-At-Law with Regards to the Substance of the Dispute and Ex Aequo Et Bono with Regards to the Procedure is the one who has the powers of arbitrator regarding the procedure and the law regarding the decision, limiting himself/herself to the strict application of the law in pronouncing the final judgment.
As professor Cristian Maturana (a Director of the CAM Santiago) advocates, the arbitration process can be classified from different points of view. Depending on how the procedure is administered and the arbitrator depending how it is appointed, the arbitration may be institutional (in the case of the CAM Santiago) or ad hoc. Depending on the subject matter of the arbitration, it can be forced, prohibited or optional. According to the way in which the arbitrator resolves the conflict, the arbitration can be based on the law or on fairness.
In the first hearing the parts and the arbitrator will set the bases of the procedure in accordance to the agreement of them and the Rules of Arbitration (for domestic arbitrations) or to the Rules of International Commercial Arbitrations.
According to the CAM’s Rules of Arbitration Procedural, no remedies proceed against the final verdict. Therefore, the parties renounce to all those actions that by law are renounceable, unless the parties expressly agree that the verdict can be appealed, either at the arbitral tribunal of second-instance or the corresponding Chilean Appeals Court. In general terms, if the parties expressly agree that remedies proceed: the remedies of appeal and cassation against the verdict of a arbitration tribunal will be known by the the court that would have heard of them if they had been brought onto an ordinary trial. However, the cassation on the merits will never proceed against the sentences of arbitrators  ex aequo et bono; and the remedy of appeal only proceeds against final verdict when the parties, in the instrument in which they constitute the commitment, express that they reserve said remedy for other arbitrators of the same character/nature and designate the persons who are to hold this position.