Dispute Boards

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.
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.
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 Dispute Board (or Dispute Resolution Board) is an adequate mechanism for the early and peaceful resolution of disputes which consists of an independent panel of experts, made up of 1 or 3 people who assist the parties during the term and execution of the contract, solving contractual disputes by pronouncing decisions or recommendations.
Our objective is to offer the community a highly qualified, efficient and effective mechanism aimed at the prevention and early resolution of disputes, in medium to long-term execution projects with high technical content, as well as contributing to the promotion of a culture of collaboration and dialogue whenever carrying out business.
Our Dispute Board Regulations cover Dispute Review Boards (DRB), Dispute Adjudication Boards (DAB) and Combined Dispute Boards (CDB). The DRBs provide early informal assistance to discrepancies or disputes and issue Recommendations related to them. Upon receiving a Recommendation, the parties may voluntarily abide by it. The DABs provide early informal assistance in discrepancies or conflicts and issue Decisions related to them. A Decision is binding on the parties from the moment it is received and is understood to be part of the contract. The parties must comply without delay even if there is a manifestation of disagreement. The CBDs provide early informal assistance in disputes or controversies and issue Recommendations or Decisions.
The CAM fulfills three essential functions for the proper functioning of the system. First, it has the authority to appoint the members of the Dispute Board, in the event that the parties fail to reach agreement on such members or on the Chairman of the Dispute Board within the periods established in the Regulations or in the contract. Second, the CAM resolves conflicts that arise over the requirements of impartiality and independence of the members of the Dispute Board and about their fees. Third, the CAM must keep an updated version of the Rules and standard clauses available to the public, along with a list of experts to be nominated and offer its facilities and infrastructure for the development of hearings and other actions that are requested.
The parties may agree to the application of the Dispute Boards Regulation through a clause in the contract or through any expression of will to this effect quoted in a subsequent agreement. In the referred agreement, the parties must establish whether the Dispute Board is a DRB, a DAB or a CDB. If the parties do not indicate anything about it, it is understood that a DRB was agreed.
According to Christopher Koch, the first Dispute Board was implemented in 1975 at the Eisenhower Tunnel Project in Colorado (United States) and the first international use of a Dispute Board took place at the El Cajon Dam Project in Honduras in 1981.
In use of the powers and duties conferred by Article 18 N ° 4 of DL 211 issued on the 12 of March of 2020, in its Proposal for Normative Modification N ° 20/2020 (ERN 26–2018) on the Regulation for Contracts of Public Works, the Competition Court suggested to the President of the Republic, via the Chilean Minister of Public Works, the dictation or modification of the legal or regulatory precepts related to the bidding of public works’ contracts, including the recommendation to incorporate an early dispute resolution mechanism between the client and the winner of the contract.