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.

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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.

¿Qué unidades del CAM Santiago se encuentran en Las Condes?

Desde diciembre de 2020, la entonces Dirección Jurídica y la Unidad de Arbitraje del CAM Santiago se encuentran operando en la sede del CAM ubicada en San Sebastián 2812, Las Condes. Con posterioridad, en abril de 2024, la entonces Dirección Jurídica se transformó en la Dirección Ejecutiva y la Unidad de Mediación se trasladó a esta sede. Lo propio hizo, la nueva Subdirección Ejecutiva del CAM Santiago, desde el 1° enero de 2025. Desde esta fecha, la Oficina de Estudios y Relaciones Internacionales también culminó su paso por Santiago Centro y se trasladó a Las Condes. Se espera que en el futuro todas las unidades del CAM Santiago operen en una misma sede en la comuna de Las Condes.

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.