International Arbitration Guide
Describe the international arbitration governing bodies/structure in your jurisdiction.
Unlike domestic arbitration, Chile has a specific law dedicated to international arbitration (Law N°19.971), which is based entirely on the UNCITRAL Model Law, despite Chile has not yet adopted the 2006 amendments to the Model Law. In addition, CAM Santiago -the main arbitral institution in Chile- created the International Arbitration Center with its own set of Rules of International Commercial Arbitration, in accordance with the international standards for these types of procedures.
Describe any unique circumstances in your country that affect international arbitration (i.e., change in government, etc.).
Since the publication of the International Commercial Arbitration Law 19.971 in 2004 there have been no changes in this matter. Currently, Chile is inserted in a constitutional debate. During the processing of the first project, articles tending to limit arbitration were discussed and it is possible that a new project will affect this matter. The last controversy was the approval by the Congress of the CPTPP about the resolution methods it contains without looking at what other treaties provide.
Please provide a brief overview of your firms international arbitration capabilities (team members, experience as litigators in arbitration as well as experience as arbitrators).
Our firm has a robust arbitration practice. Ignacio Arteaga, partner, has been an arbitrator at CAM Santiago since 2001. María Fernanda Brahm, partner, leads our Litigation and Dispute Resolution practice and has an excellent legal background and extensive experience in the area. Andrés Del Real, director of Dispute Resolution and Arbitration, also has extensive experience in the area and an LLM at Columbia Law School with a focus on International Arbitration. All along a specific team.
In which areas does your firm handle arbitration? (i.e., international investment, infrastructure, public works, energy, construction, etc.)
Construction, energy, infrastructure, shareholders disputes, investment, and services, among others.
Which industries does your firm serve in this area (i.e., energy, insurance, public concessions, etc.)?
Energy, construction, infrastructure, environment and regulatory, corporate, and taxes, among others.
Does your firm provide lawyer representation or certified arbitrator resources, or both? Please describe.
Arteaga Gorziglia y Compañía Limitada can provide lawyer representation and certified arbitrator resources in arbitral institutions such as CAM Santiago. Besides, we represent clients and act as arbitrators in ad hoc cases.