Frequently Asked Questions
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.
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.
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.
¿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.
¿Qué unidades del CAM se encuentran en la sede de Monjitas?
La Dirección Ejecutiva, la Oficina de Estudios y Relaciones Internacionales, la Unidad de Mediación, la Unidad de Online Dispute Resolution y la Unidad de Finanzas continúan operando en la sede del CAM Santiago ubicada en Monjitas 392, piso 11, Santiago.
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.
Is it possible to work as a paralegal, do an internship, a professional practice at the CAM Santiago?
In Chile, professional practices for law graduates are carried out by the Judicial Assistance Corporation of the Ministry of Justice and Human Rights (CAJ). They can be carried out in one of its units or in public institutions that have current agreements with the CAJ. On the other hand, unlike legal firms and other institutions, being an administrator of adequate methods of peaceful conflict resolution, the CAM Santiago does not have paralegals, since legal functions are exercised by the lawyers of the Units of Arbitration, Mediation and ODR, Directors and the Office of Studies and International Relations.
Nevertheless, we have a diversity of internship programs for undergraduate, graduates, and postgraduate students in Law, due to institutional agreements we have signed with Universities and entities, both at a national and an international level.
What is mediation?
Mediation is a process by which the parties seek to reach a friendly settlement with the assistance of a third party (the mediator), which allows natural and legal persons to have a fast, cheap and effective alternative to resolve their disputes, being able to reach satisfactory agreements and at the same time protect allows to protect business and personal relationships. There are different mechanisms to resolve legal conflicts. Some are “confrontational” or contentious, which imply that both parties must face each other, either in a trial or in arbitration, and prove the facts on which their allegations are based, so that finally a third party decides and imposes a decision. Mediation, on the other hand, is a space for dialogue in which the parties in conflict meet before an impartial mediator, who will guide the conversation aiming for a possible agreement that will resolve and takes into account the proposals of the parties. This process is confidential, quick, and requires that both parties have all the necessary information to take decisions regarding the problems that bind them, as well as possible solutions
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.
Why participate in a civil and commercial mediation process?
Conflicts in the civil and commercial spheres can be resolved through dialogue. This implies less cost for the parties, not only in a financial aspect, but also in terms of time and attention wise. Mediation, unlike a trial, allows maintaining the personal and contractual relationship between the parties, or at least, avoids a further deterioration. Mediation is also a way to prevent new conflicts, because by approaching the case through this appropriate mechanism for the peaceful resolution of conflicts, the parties can reflect on what happened, and thus take measures to prevent its new occurrence. Finally, the collaborative work of both parties generates better solutions because these arise from the parties involved and are not imposed by a third party.
How long does the CAM Santiago take to solve a domestic arbitration?
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).
What does the Santiago Young Arbitrators project consist of?
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.
What kinds of arbitrators exist and how are they classified?
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.
How can the arbitration process be classified?
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.
What is the first hearing?
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.
What is a Dispute Board?
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.
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.
What remedies apply against a domestic arbitration sentence?
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.