Domestic Arbitration

With more than 4,400 arbitration cases that have been submitted to the jurisdiction of the arbitrators of the Arbitration and Mediation Centre (CAM) of the Santiago Chamber of Commerce (CCS), involving more than 3,500 companies and law firms, the CAM Santiago has become the undisputed benchmark in arbitration in Chile.

Domestic Arbitration

With more than 4,645 arbitration cases that have been submitted to the jurisdiction of the arbitrators of the Arbitration and Mediation Centre (CAM) of the Santiago Chamber of Commerce (CCS), involving more than 3,500 companies and law firms, the CAM Santiago has become the undisputed benchmark in arbitration in the country.

Arbitration is an adequate method of peaceful resolution of controversies in which the arbiter – appointed by the parties or by the Board of Directors of the CAM Santiago – resolves a conflict through to a final, binding judgment or verdict

Our objective is to provide and promote institutional arbitration and to grant solutions to legal and economic conflicts in an efficient, clear, transparent and reliable manner. We have a procedural regulation in place which addresses the main aspects of the arbitration procedure, with high ethical and quality standards, and a body of qualified and excellent professionals.

Through the Committee of Good Practices and our Arbitration Unit, we ensure the correct development and processing of domestic arbitrations. The latter, assisting users and being the communicational and administrative link between the parties and the arbiters and secretaries of the arbitral tribunal (actuaries) throughout the whole procedure.

Rules of Arbitration Procedure

Article 1.- Procedural rules applicable to arbitration

When the parties, through an arbitration clause agreed in a contract or in any other brief or exchange of briefs, have agreed to submit one or more disputes to the Arbitration and Mediation Centre of the Santiago Chamber of Commerce A.G. , whether this denomination or another expression of similar meaning is expressly used, they will be resolved in line with these Arbitration Procedural Regulations and the Statutes of the CAM Santiago.

As regards everything not provided for in these Regulations, it will be at the will or inclination of the parties and, failing that, that of the Arbitration Tribunal. However, the parties may not modify articles 11 and 12 by agreement of wills.

Article 2.- Application aimed at starting the arbitration

The application for arbitration will be presented at the offices of the CAM Santiago, accompanied by a simple copy of the contract or the instrument that contains the arbitration clause and of which the controversy arises. As regards the documentation to be attached, if the applicant is a legal person, a simple copy of the document containing the legal status of the legal representative who signs the application form is required, and in case of the individual signing the application form is a lawyer, the relevant court order must be attached.

When requesting the arbitration, the initial administrative fee of the CAM Santiago that is in force must be paid. Without this payment, the arbitration will not take place. This amount will be attributable to the final administrative fee and will not be refunded.

Article 3 – Place or venue of the arbitration

The place or venue of arbitration may be any of the communes of the Metropolitan Region of the Republic of Chile that are under the jurisdiction of the Santiago Court of Appeals, irrespective of the fact that the Arbitration Court, in consideration of the circumstances of the arbitration, may hold meetings at any place it deems appropriate, as well as, may be set up at any place it deems appropriate to carry out the necessary proof or evidence gaining procedures.

If the parties and the Arbiter so agree, the arbitration may take place in a commune or city other than those indicated in the preceding paragraph, but within Chile, being the responsibility of the Arbitration Tribunal to maintain an adequate communications with the Secretary of the Centre.

Article 4.- Term of the arbitration

The Arbitration Tribunal must issue its final verdict within six months from the notification of the resolution that falls onto the lawsuit. This term may be extended for up to six more months by the Arbitration Court if it deems it necessary.

The extension indicated in the previous paragraph must be communicated to the parties before the expiration of the original term through the Secretary of the Centre.

The term of the arbitration shall be understood to be suspended during the month of February of each year, during the time that the parties have suspended the procedure by mutual agreement, during the conciliation period and, if the Arbitration Tribunal so determines, for as long as it is necessary to render some test.

Once an arbitration has ended due to the expiration of the term established in the first paragraph of this article and a new Arbiter has been appointed, the provisions of article 15 of these Regulations shall apply.

Article 5.- Notifications

All notifications or communications which are issued during  the procedure, even in the event of default of one of the parties, may be made personally, using an identification card, certified mail, postal service, E-mail, notices or by any other means agreed upon by the parties and which entails leaving a record which must be kept in the file. Such notifications or communications will be sent to the last address of the addressee party or its representatives recorded in the CAM Centre records. However, the first resolution issued by the Arbitration Tribunal must be notified personally to the parties, through the judicial receiver.

In the case of a notification by registered mail, it shall be deemed as received by the third day from the date of dispatch

Article 6- Business days and hours

The actions undertaken during the arbitration process must be carried out in working days and hours. Saturdays, Sundays and holidays, and the days of February of each year are non-working days.

Business hours for arbitration proceedings are between 9:00 AM and 8:00 PM.

Submission of documents after 6.00 PM may be made by E-mail, but the physical submissions must be made3 during the following business day.

Article 7- Calculation of the terms

The terms established by these Regulations will be the only ones rated as valid and will be during working days. The terms will begin to run on the business day following the date of the notification.

Article 8.- Timely claim

If a party continues the arbitration procedure knowing that there has not been compliance with any provision of these Regulations, any instruction of the Arbitration Court or any stipulation contained in the arbitration agreement related to the setting up of the Arbitration Court or with the rules of the arbitration procedure, without expressing its opposition or objection to the breach, may not be able to argue the nullity or any cause of ineffectiveness, unfailingly precluding its right.

Article 9.- Language

The arbitration procedure will be conducted in Spanish.

Article 10.- Composition and quality of the Arbitration Court

The Arbitral Tribunal shall be set up by one or three Arbiters, in line with the parties’ stipulations. If the parties say nothing with regards to the number of Arbiters, the Arbitration Court will be made up of a single Arbiter.

In the case of collegiate courts, one of the Arbiters will assume the role of President of the Arbitration Court.

The Arbitration Court will act in the quality agreed by the parties. In the cases that the law allows, if the parties have stipulated that the quality of the Arbiter must be legal, and the arbitration procedure must be subject to these Regulations, it will be understood that the Arbiter was granted arbitration powers regarding the procedure and law as for the verdict. In cases where the parties have not stipulated anything in this regard., the latter quality will also apply to the Arbiter.

Article 11- Appointment of the Arbitration Court

In the one-person Arbitration Courts, the Arbiter will be designated by the Santiago Chamber of Commerce within the members of the CAM Santiago arbitration body, unless the parties designate directly and by common agreement the Arbiter within the members of such arbitration body.

In the collegiate Arbitration Courts, the Arbiters will be appointed by the Santiago Chamber of Commerce, unless the parties have agreed on another form of appointment. If one of the parties does not designate the Arbiter who is a member of the collegiate Arbitration Court according to what has been agreed, the designation will be made by the Santiago Chamber of Commerce instead. In any case, the President of the Arbitration Court must be a member of the CAM Santiago arbitration body.

In certain cases, if the CAM’s Santiago Council so determines, according to the circumstances of the specific case, persons outside the arbitration body may be appointed as Arbiters, be they national or foreign.

The appointment of the Arbitration Court will be communicated to the parties by the Santiago CAM’ Secretariat.

Article 12.- Confirmation of the Arbiters

If the parties agree to designate as a sole Arbiter or as a member of a collegiate Arbitration Court a person who is not part of the CAM Santiago arbitration body, such appointment will be subject to confirmation by the Centre’s Council, which will decide without expression of cause.

In the event the Council does not confirm an Arbiter which is external to the Centre’s arbitration body, the provisions of article 11 of the Regulations will apply.

The Arbiters confirmed by the Council will be subject to the rules and regulations of the CAM Santiago.

Article 13.- Disqualifications to the appointment and supervening challenges

Within the term of six days after notification of the communication indicated in the final paragraph of article 11, the parties may request the disqualification of one or more members of the Arbitration Court on well-founded reasons.

In the case of an Arbitration Court made up of three Arbiters, one party may request the disqualification of the Arbiter appointed by the other, in the terms indicated in the preceding paragraph.

The request for disqualification will be known by the CAM’s Santiago Council which, before deciding, will transfer the presentation to the counterparty or counterparts and to the designated Arbiter, if deemed necessary. If all parties agree to accept the disqualification, it will be declared without further ado by the Council. Otherwise, the Council will resolve the incident, without expression of cause and against its determination there will be no claim or recourse.

If the request for disqualification of the Arbiter is accepted, the procedure provided for in article 11 shall be applied to designate the new Arbitration Court.

The supervening challenge after the new Arbitral Court has been set up, will be subject to the procedures established in the law.

The parties may request the disqualification of the Arbiter (s) directly designated by them, only for legal causes of implication or challenge specified in the law.

Article 14- Acceptance and oath

The CAM’s Santiago Secretariat will adopt the necessary measures, so the designated Arbiters accept the position and take an oath to carry it out faithfully and in the shortest possible time.

The Arbitration Court will be considered as set up from the date of acceptance and oath by the Arbiter or the last of these if there were several.

Article 15.- Continuation of the arbitration procedure with a new Arbiter

In the event of cessation of the Arbiter in office, a new one will be appointed in accordance with the procedure established in article 11.

Subsequent to the acceptance of the position by the new Arbiter or by the last of the new Arbiters, the arbitration procedure will continue as from the state in which it was at the time of termination in office by the Arbiter (s). However, the Arbitration Court may order the repetition of the proceedings and hearings if it deems it necessary.

The new Arbiter (s) must complete their mandate within the period originally envisaged by the Arbitration Tribunal, unless the Arbitration Court deems it necessary to extend said term for a period not exceeding six months.

Article 16.- Managing the arbitration procedure

The Arbitration Court shall conduct and/or manage the procedure in accordance with the procedural rules agreed by the parties and subject to these Regulations, adopting all the pertinent measures for its valid, effective and prompt development, in order to avoid its paralysis and conduct it without undue delay to the fair solution of the conflict.

The parties should be treated equally and have a full opportunity to assert their rights.

At all times the parties must act in good faith, avoiding any unlawful or delaying conduct. The Arbitration Court will adopt the necessary measures to prevent, correct and sanction any action or omission that it considers contrary to good faith.

Article 17.- Impossibility of continuing with the arbitration procedure

If after three months, counted from the date of acceptance of the position by the Arbiter, the hearing for the establishment of procedural rules, ordered by the Arbitration Court, is not held, the latter shall be empowered to issue an order to terminate the procedure and order the filing of the case .

If during the procedure, and before the arbitration verdict is issued, its continuation becomes impossible or unjustified, the Arbitration Court will notify the parties of the need to issue an order to terminate the procedure. Either party may oppose if it makes valid reasons and the Court classifies them as such.

Article 18.- Rebellion

If a term for the performance of the parties within the procedure has expired, it has not been practiced by the respective party, the Arbitration Court, ex officio or at the request of any of the parties, will provide what corresponds for the continuation of the procedure.

Article 19.- Precautionary measures

The Arbitration Court is empowered to order precautionary measures in accordance with the provisions of the civil procedural laws.

Article 20.- Exception of incompetence

The Arbitration Court is competent to decide on its own competence even with regard to the exceptions related to the existence or validity of the arbitration agreement. For these purposes, an arbitration clause which is part of a contract will be considered an agreement independent of the other provisions of the same. The decision of the Arbitration Court that the contract is null or non-existent shall not ipso jure imply the non-existence or invalidity of the arbitration clause.

The exception of incompetence of the Arbitration Court must be opposed at the latest in the brief answering the claim or, with respect to a counterclaim, in the brief answering to such counterclaim. The parties shall not be prevented from opposing this exception by the fact that they have designated an Arbiter or participated in his/her appointment. The exception based on the fact that the Arbitration Court has exceeded its jurisdiction, must be opposed as soon as it appears during the arbitration proceedings. The Arbitration Court may, in any of the cases, decide on an exception filed later if it considers the delay is justified.

The Arbitration Court will decide as a prior matter the exceptions related to its competence, unless it is impossible for it by virtue of the particular circumstances of the controversy, in which case it will decide in the final verdict or judgment.

Article 21.- Submission of briefs

The writs and documents must be sent or presented, in the manner determined by the Arbitration Court, with as many copies as the counterparts are involved in the arbitration, and with two additional copies in the event that the Arbitration Court is made up of three Arbiters.

Article 22º – The arbitration hearings

All parties involved in the arbitration process must be summoned to the arbitration hearings and which will be held with the parties that care to attend.

Article 23.- Hearing for the laying down the procedure rules

Once the Arbitration Court has been set up, it will summon the parties to a hearing to lay down the procedural rules.

Article 24.- Lawsuit or Demand

The lawsuit or demand brief must contain:

  1. The given name, the surnames and address of the plaintiff and of the persons who represents him/her, and the nature of the representation.
  2. The given name, surnames and address of the defendant.
  3. A list of the facts on which the claim is based and the legal grounds on which they are based and, where appropriate, the reasons for prudence and equity on which the claim is based.
  4. The points in dispute and specific requests that are submitted to the Court’s decision.

The plaintiff may accompany his/her claim brief with all the documents he/she deems appropriate or refer to documents and other evidence that he/she will present.

Article 25.- Answer to the lawsuit or demand

Once notified, the defendant must answer the lawsuit or demand in writing within the term of fifteen days.

The answer must contain:

  1. The given name, surnames and address of the defendant.
  2. The exceptions or defenses that are opposed to the lawsuit or demand and the relation of the facts.
  3. The petitions that are submitted to the Court’s ruling.

The defendant may attach to his brief the documents on which he/she bases his/her answer or refer to the documents and other evidence that he/she is going to present.

Article 26.- Counterclaim claim

The defendant may, together with the answer to the demand, present a counterclaim, in which case he/she must comply with the requirements established in article 24. The counterclaim defendant will have ten days to answer the counterclaim, subject to the requirements established in article 25.

Article 27.- Reply and rejoinder

The Arbitration Court, having presented the brief answering the lawsuit or demand, or the counterclaim if applicable, or after the deadlines for doing so, may decree the procedures for reply and rejoinder, if deemed necessary, which must be completed within the period of six days.

Article 28.- Conciliation

Once the discussion stage is over, the Arbitration Court will call the parties to conciliation, which will be held in one or more hearings with the parties and the Arbiter, applying the provisions of article 22.

The opinions or proposals that the Arbitration Court puts forward during the conciliation stage will not disqualify it from validly ruling the controversial issue.

In any case, the Arbitration Court is empowered to call the parties to conciliation at any stage of the arbitration trial.

Article 29.- Probative time

Once the discussion stage is over and there is no conciliation, or if it is only partial, and if the Arbiter considers that there are substantial, pertinent and controversial facts, the cause will be received on trial.

The deadline for taking evidence will be 20 days, and the Arbiter may discretionally extend the term set, or set extraordinary terms to take evidence in other jurisdictional territories, set special terms of evidence to receive those that the parties have requested within the evidentiary and that are not they may or may not be able to perform within it or, to perform other tests that the Arbiter may deem necessary.

All the evidence must be requested or offered in the evidentiary, including the documentary evidence that the parties would like to accompany, irrespective of the documents or instruments that are added to the discussion briefs.

The evidence that is attached after the expiration of the evidentiary is over will be rejected by the Arbitration Court, ordering its return to the party that presents it, unless the Arbitration Court considers that it is an element of conviction that could not be presented before.

Article 30.- Presenting or producing the evidence

The Arbitration Court may have ex officio, within the evidentiary time length, the evidentiary proceedings that it deems appropriate, and may require the parties to present any document that is in their possession and that relates to the controversy, under penalty of not being able to add it later.

If a party, duly required by the Arbitration Court to present documents and other evidence, does not do so within the established time deadlines without invoking sufficient cause, the Arbitration Court may issue a judgment based on the evidence it has available already..

Article 31.- Testimonial evidence

The party wishing to render testimonial evidence must present a list of witnesses, indicating their given names, surnames and addresses, within five days of notification of the resolution that receives the cause under test, or of the resolution that resolves the replacement that it will apply to; and may also accompany a minute of questions based on the test points.

Article 32.- Expert’s evidence

The expert’s evidence may be ordered at the request of a party or ex officio by the Arbitration Court so that it is informed in writing on matters that require special knowledge of a science or art. In the first case, the costs will be paid by the requesting party, while in the second case, these must be paid by the parties by halves, irrespective of what may be decided on the costs in the Court’s verdict. .

Article 33.- Observations to the evidence

Upon expiration of the evidentiary time or the extensions or special time lengths established by the Arbiter, the parties will be notified so that within eight days they present their written observations on the evidence.

Article 34.- Appeals against the arbitration decisions

An appeal for reversal will always proceed against the decisions of the Arbitration Court, for which there will be a period of three days and that of clarification, rectification or amendment for which there will be a period of five days.

Article 35.- Summon to hear or learn about the verdict

Once the deadline for formulating observations to the evidence has expired, whether they have been presented or not, the Arbiter will summon the parties to hear the verdict, and will issue the it within the shortest possible time, in any case always within the period specified in article 4.

Once the parties have been summoned to hear the verdict, no writs, allegations or evidence will be admitted.

Article 36.- Measures leading to a better resolution

Once the parties have been summoned to hear the judgment, the Arbitration Court may automatically order measures to better resolve them, and which must be complied with within the period determined by the Court in each case.

The measures that are not complied with within the term established for them will be deemed as not specified or decreed.

Article 37.- Content of the arbitration verdict

The arbitration verdict will be issued in writing and must contain:

  1. The precise designation of the litigating parties and their domiciles.
  2. A list of the petitions, actions, exceptions, defenses and allegations enforced by the parties.
  3. The decision of the controversial matter and the reasons of prudence or fairness that are the basis of the verdict and, if the verdict must be passed in accordance with the law, it must contain the legal reasons and the statement of the laws on which it is based.
  4. The Court’s pronouncement pertaining the procedural and personal costs, and the duly justified expenses of the Arbitration Court, the outlays for the notarial protocol and those which originate in the practice of the evidence and the others related ones must arise.
  5. The date, place and signature of the Arbiters who got to about the matter.

If the Arbitration Court should decide that the matter’s verdict must be with a strict subjection to the law, the sentence will be authorized by a Minister of Faith.

In the case of the arbitrator arbiters, the sentence will be authorized by a Minister of Faith or, alternatively, by two witnesses in his/her absence.

Article 38.-Implementation of the Court’s verdict

During the period of six months following the date the parties have been duly notified of the final verdict, they may resort to the Arbitration Court to carry out all the efforts aimed at achieving compliance and execution of the verdict, raising precautionary measures or any other management procedures that are deemed as  pertinent. The aforementioned term shall be understood to be suspended in the event that the sentence does become the subject of appeals in which the execution of the sentence is suspended for a legal reason. The Arbitration Court will have a special jurisdiction and competence for the time deemed as necessary to complete these procedures.

Article 39.- Appeal for clarification, rectification or amendment against the arbitration ruling

Within the term of fifteen days following the notification of the final verdict, the parties may request the Arbitration Court to clarify any obscure or doubtful point but those referred to the omissions and amend the errors of copying, reference or numerical calculations of the verdict.

Article 40.- Appeals to Court of second instance

There will be no recourse against the final verdict, it being understood that the parties renounce to all those remedial actions that, by law, are waivable; unless the parties expressly agree on the relevance of the appeals against them, either before a second instance Arbitration Court or to the respective Court of Appeals.

Article 41.- Functioning of the second arbitration instance

The second instance Arbitration Court shall entail three members, appointed in accordance with the provisions of article 11 of these Regulations.

Once the second instance Arbitration Court has been set up, it will summon the parties to a hearing to establish the relevant procedural rules. In the event that one or more of the parties to the dispute does not attend such hearing, the Second Instance Arbitration Court will decide, and based on the available information, whether or not to summon the parties directly to look into the case. .

The Court must indicate the time that the attorneys will have to carry out their allegations and there will be no prior process of listing the case.

The second instance Arbitration Court must issue its arbitration sentence within six months, which will star running from the date of acceptance of the position.

Article 42 -Arbitration Fees

The arbitration fees entail the fees of the Arbitration Court and the Administration Fee of the CAM Santiago.  The amount of the arbitration fees, in first or second instance Arbitration Courts, must be subject to the Ceto be s that are in force at the time of the presentation of the arbitration request. Said Schedule of Cost are understood to be an integral part of these Regulations.

The basis for calculating the arbitration fees is the amount of the matter disputed. When all or part of the amount of the contentious matter is neither determined nor determinable, the fees will be set prudentially by the Arbitration Court following a prior consultation with the CAM Santiago.

In the event of a counterclaim, the amount of the main matter and its relevant amount to which the counterclaim refers to, will be determined separately, establishing the same amount separately, stating the amount of the fees which correspond to the processing of each demand. If the amount was undetermined, the fees will be set prudentially by the Arbitration Court separately from the main claim and counterclaim.

Should it be that  the first instance Arbitration Court entails three Arbiters, the values ​​of the fees will be increased by 50%, with equal shares being allocated to each Arbiter, unless otherwise and unanimously agreed by them.

In the case of the collegiate Arbitration Courts of second instance, the amount of the fees will be equivalent to those of the Arbitration Court of first instance and its amount will be distributed among the Arbitrators in equal parts, unless otherwise unanimously agreed.

Article 43.- Lack of payment of the arbitration fees

If all or some of the parties have not paid the relevant and overdue arbitration fees for processing of the main claim or the processing of the counterclaim, in the manner and opportunity provided for it, the ex officio Arbitration Court will issue a resolution ordering compliance of this obligation within a period not exceeding ten days from its notification. Once this period has expired without the payment having been made by the party to whom it corresponds or, in subsidy, by any of the other parties to the process, the Arbitration Court may order the suspension of the procedure regarding either the main or counterclaim claim, whichever is the case, until the payment of the pending fee is made by either party. In any case, after two years counted from the acceptance of the position by the Arbiter, the term of the arbitration will expire regarding the action that is in abeyance or suspended for this reason. The amounts corresponding to fees that have already been received by the Arbitration Court will not be returned.

Article 44.-Setting the costs

The Arbitration Court shall set the procedural and personal costs of the arbitration, at the latest together with the final verdict, which shall represent the reimbursement of the expenses actually incurred by the parties who are accredited in the process.

Transitory Article 1

The arbitrations that have been agreed in arbitration contracts or clauses, signed on or after 1 December 2012, will be governed by these Regulations.

The arbitrations that have been agreed in arbitration contracts or clauses signed before 1 December 2012 will be governed by the Arbitration Procedural Regulations in force at the time of their granting, irrespective of the fact that the parties, in the first hearing that the Court  summons, may agree to submit themselves to the Regulations in force at the time of their request for arbitration.

Artículo 1º.- Transitorio.

Los arbitrajes que se hubieren pactado en contratos o las cláusulas arbitrales suscritas en o con posterioridad al 1º de abril de 2021, se regirán por el presente Reglamento. Los arbitrajes que se hubieren pactado en contratos o cláusulas arbitrales suscritos con anterioridad a la fecha señalada se regirán por el Reglamento Procesal de Arbitraje vigente al momento de su otorgamiento, sin perjuicio de que las partes, en la primera audiencia que cite el Tribunal, podrán acordar someterse al Reglamento vigente al momento de la solicitud del arbitraje.

Request an Arbitration

To initiate an arbitration at the CAM Santiago, we invite you to complete the information required in our online form.

The steps to follow are:

1) Submit the application online or personally at our offices, which are in the street known as Monjitas 392, 11th floor, Santiago, along with the following information:

a.-. A simple copy of the contract in which the arbitration clause is contained, in addition to its annexes and administrative or technical bases, if necessary. If you wish to initiate arbitration and your contract does not contain an arbitration clause or the conflict is of a non-contractual nature, contact the CAM Santiago.

b.- In the event that the applicant is a legal entity, a simple copy of the public deed must be attached, stating the legal representative’s legal status that signs this application and the respective court order, in case the person signing is a lawyer.

c.- In the event that the dispute settlement clause contemplates the designation of the name of the arbiter by mutual agreement, copies of the communications and procedures that have been made between the parties for these purposes, if any, must be attached. too

2) When requesting arbitration, the applicant must pay the CAM Santiago an administrative fee of 25 Inflation Accounting Units (UF) in their equivalent in Chilean “Pesos” on the day of payment. Without this payment the arbitration will not take place. If this amount is paid by bank check, it must be drawn to the Santiago Chamber of Commerce. In case of default of the counterparty or counterparts, the minimum total of 50 Development Units must be paid, irrespective of what is resolved regarding the costs in the final verdict. These amounts will not be refundable, but they will be attributable to the final administrative fee. For more information, please see the Schedule of Cost section.

1. Your information
2. Supporting documentation



Standard Clauses

If the conflict is of a non-contractual nature or the contract does not include an arbitration clause that entrusts the Santiago Chamber of Commerce (CCS) the appointment of the arbiter, the parties may conclude an agreement in this regard after the dispute arises.

The CAM Santiago recommends the following model clauses:

Any difficulty or controversy arising between the contracting parties regarding the application, interpretation, duration, validity or execution of this contract or any other reason will be submitted to arbitration, in line with the Arbitration and Mediation Procedures of the Santiago Chamber of Commerce (CCS), in force at the time of the request.

The parties confer an irrevocable special power to the Santiago Chamber of Commerce A.G. (CCS), so that, at the written request of any of them, it designates an arbiter from among the members of the CAM’s Santiago arbitration body.

No appeal shall proceed against the arbitrator’s resolutions, the parties expressly renouncing to them. The arbitrator becomes especially empowered to resolve any matter related to his/her competence and/or jurisdiction. (*)

Any difficulty or controversy which arises between the contracting parties regarding the application, interpretation, duration, validity or execution of this contract or any other reason will be submitted to arbitration, in line with the Arbitration and Mediation Procedure (AMP) Rules of the Santiago Chamber of Commerce (CCS), enforced at the time of the request.

The parties confer an irrevocable special power to the Santiago Chamber of Commerce A.G. (CCS), so that, at the written request of any of them, it designates an arbitrator of law from among the members of the arbitration body of the CAM Santiago.

There will be no appeal against the decisions of the arbiter. The latter is specially empowered to resolve any matter related to his/her competence and/or jurisdiction. (*)

Any difficulty or controversy which arises between the contracting parties regarding the application, interpretation, duration, validity or execution of this contract or any other reason will be submitted to arbitration, in line with the Arbitration and Mediation Procedure (AMP) Rules of the Santiago Chamber of Commerce (CCS), enforced at the time of the request.

The parties confer an irrevocable special power to the Santiago Chamber of Commerce A.G. (CCS), so that, at the written request of any of them, it designates an arbiter of law from among the members of the arbitration body of the CAM Santiago.

There will be no appeal against the decisions of the arbitrator. The latter is specially empowered to resolve any matter related to his/her competence and/or jurisdiction. (*)

Any difficulty or controversy that occurs between the contractors regarding the application, interpretation, duration, validity or execution of this contract or any other reason will be submitted to mediation, in accordance with the Mediation Procedural Regulations of the Arbitration and Mediation Center (CAM) of the Santiago Chamber of Commerce (CCS), in force at the time of requesting it.

In the event that the mediation does not prosper, the difficulty or controversy will be resolved through arbitration in accordance with the Arbitration Procedural Regulations of the same Center, which is in force at the time of requesting it.

The parties confer irrevocable special power to the Santiago A.G. (CCS), so that, at the written request of any of them, it designates a arbitrator  as regards the procedure and law as regards the ruling, from among the members of the CAM Santiago arbitration body.

There will be no recourse against the decisions of the arbitrator. The arbitrator is specially empowered to resolve any matter related to his competence and / or jurisdiction. (*)

Mixed mediation and arbitration clauses:

Any difficulty or controversy which arises between the contracting parties regarding the application, interpretation, duration, validity or execution of this contract or any other reason will be submitted to arbitration, in line with the Arbitration and Mediation Procedure (AMP) Rules of the Santiago Chamber of Commerce (CCS), enforced at the time of the request.

In the event the mediation does not prosper, the difficulty or controversy will be resolved through arbitration in accordance with the Arbitration Procedural Regulations of the same Centre, which is in force at the time of requesting it.

The parties confer an irrevocable special power to the Santiago Chamber of Commerce A.G. (CCS), so that, at the written request of any of them, it designates an arbiter of law from among the members of the arbitration body of the CAM Santiago.

There will be no appeal against the decisions of the arbitrator. The latter is specially empowered to resolve any matter related to his/her competence and/or jurisdiction. (*)

 

Any difficulty or controversy which arises between the contracting parties regarding the application, interpretation, duration, validity or execution of this contract or any other reason will be submitted to mediation, in line with the Arbitration and Mediation Procedure (AMP) Rules of the Santiago Chamber of Commerce (CCS), enforced at the time of the request.

In the event the mediation does not prosper, the difficulty or controversy will be resolved through arbitration in accordance with the Arbitration Procedural Regulations of the same Centre, which is in force at the time of requesting it.

The parties confer an irrevocable special power to the Santiago Chamber of Commerce A.G. (CCS), so that, at the written request of any of them, it designates an arbiter of law from among the members of the arbitration body of the CAM Santiago.

There will be no appeal against the decisions of the arbitrator. The latter is specially empowered to resolve any matter related to his/her competence and/or jurisdiction. (*)

Any difficulty or controversy which arises between the contracting parties regarding the application, interpretation, duration, validity or execution of this contract or any other reason will be submitted to mediation, in line with the Arbitration and Mediation Procedure (AMP) Rules of the Santiago Chamber of Commerce (CCS), enforced at the time of the request.

In the event the mediation does not prosper, the difficulty or controversy will be resolved through arbitration in accordance with the Arbitration Procedural Regulations of the same Centre, which is in force at the time of requesting it.

The parties confer an irrevocable special power to the Santiago Chamber of Commerce A.G. (CCS), so that, at the written request of any of them, it designates an arbitrator of law from among the members of the arbitration body of the CAM Santiago.

Here will be no appeal against the decisions of the arbiter. The latter is specially empowered to resolve any matter related to his/her competence and/or jurisdiction. (*)

Frequent questions

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.

Fees

For those causes that are admitted from 1 July 2018, the following rates apply to the fees of the arbiters, the initial fee and administrative fee of the CAM Santiago.

Cost calculator


UF

AMOUNT OF LITIGATION (expressed in UF)

FEES
FROM TO MINIMUM MAXIMUM
0 500 25 UF 25 UF*
501 1.100 50 UF 5,5%
1.101 8.000 3,75% 4,75%
8.001 25.000 3% 4%
25.001 65.000 0,68% 3,6%
65.001 150.000 0,37% 1,3%
150.001 350.000 0,12% 0,65%
SOBRE 350.000 0,006% 0,1%

Amounts less than 500 UF.*

For the cases in which the total amount of the litigation does not exceed 500 UF, the CAM Santiago contemplates the following differentiated rate system:

Initial tariff

At the time of requesting arbitration, the CAM Santiago shall be paid, as an initial administrative fee, 12.5 UF in its equivalent in Chilean “Pesos” on the day of payment and non-refundable. Without this payment, the arbitration process cannot proceed.

The administrative and arbitration fees. of the CAM Santiago.

The CAM Santiago administration fee and the arbiters’ fees will correspond to 25 UF in each case, values ​​that must be paid by halves between the parties.

If claims filed are higher than 500 UF or indeterminate, the percentages corresponding to the tranche of the indicated amount will be applied.

Amounts over 500 UF or  Indeterminate.

For the cases in which the total amount of the litigation does exceed 500 UF or are indeterminate, the CAM Santiago contemplates the following differentiated rate system:

Initial tariff

At the time of requesting arbitration, the Santiago CAM shall be paid, as an initial administrative fee, 25 UF in its equivalent in Chilean “Pesos” on the day of payment and non-refundable. Without this payment, the arbitration process cannot proceed.

The CAM Santiago administrative fee

The CAM Santiago administration fee is equivalent to 10% of the Arbitration Court fee with a minimum of 50 UF. Only in those cases in which the administrative fee does not exceed the established minimum, the initial fee paid by the applicant will be charged with it.

The administrative fee and the arbitration fees will be paid by halves between the parties, except in cases where there is counterclaim or parallel claims, where each party will pay the total amount corresponding to its claim, be it principal or counterclaim. The foregoing is irrespective to what may be determine according to prudence and fairness.

Transfer Data

The initial and final administrative fee must be paid by bank transfer made to the account of the Santiago Chamber of Commerce as per the following information:

Owner: Santiago Chamber of Commerce

RUT: 70.017.820-K

Current Account No. 10516654 Banco BCI

Details: Initial Rate of the CAM Santiago / Administrative Rate of the CAM (as applicable).

The bank’s receipt of the transfer must be sent to the following e-mails: aarias@ccs.cl and rlizana@ccs.cl. In the case of the initial arbitration fee, a copy of the payment receipt must be attached along with the request for arbitration when it is physically presented at the CAM Santiago.