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FAQ
FAQ

  1. What types of disputes can be resolved through arbitration of CAM Santiago?
  2. Arbitration through CAM Santiago applies to all civil and commercial disputes related to corporations, insurance, construction and real estate, intellectual property, export and maritime, mining, banking and financial matters, among others.

  3. What are the benefits of CAM Santiago arbitration?
    • Celerity of the process, with a maximum of six months to conclude the arbitration, extendible on an exceptional basis for another six months.
    • Appointment of arbitrators specialized on different civil and commercial topics, among a list comprised by more than 140 experts.
    • The existence of Rules of Arbitration Procedure and Model Arbitration Clauses. 
    • A transparent fee system that allows parties a previous knowledge of the arbitration costs.
    • Strict confidentiality for the arbitration cases handled by CAM Santiago.
    • Administrative support, infrastructure for hearings and technology to track cases.

  4. How do you include a CAM Santiago arbitration clause in an agreement?
  5. To resort to arbitration the parties must have first included an arbitration clause of CAM Santiago in the agreement under which the dispute arises. If the dispute is of a non-contractual nature or the agreement does not incorporate an arbitration clause entrusting CAM Santiago with the appointment of the arbitrator, the parties may enter into an agreement to submit the dispute to arbitration by CAM Santiago.

  6. What procedure applies to a CAM Santiago arbitration?
  7. CAM Santiago’s Rules of Arbitration Procedure apply to arbitrations handled by the Center, nevertheless the parties have the autonomy to modify the rules, according to the specific needs of each dispute.

  8. How do you begin arbitration before CAM Santiago?
  9. If your agreement has a CAM Santiago arbitration clause, you may request arbitration at the time a dispute arises by sending a letter to the Secretary General of the Santiago Arbitration and Mediation Center at Monjitas 392, 11th floor, Santiago. Said letter should contain the full name or corporate name of the parties involved as well as the taxpayer ID of each, current address, phone and fax numbers. This same information should be indicated for the legal representatives of the parties and their legal counsel. Please also enclose a simple photocopy of the agreement that contains the arbitration clause.
    We recommend using our request form to facilitate the presentation of requests for arbitration.

  10. What are the fees applicable to arbitration through CAM Santiago?
  11. A fee is charged for arbitration by CAM Santiago based on the disputed amount. This applies both with respect to the fees of the arbitrator as well as the administrative fee charged by CAM Santiago.

    Please visit our section on Fees which includes a cost calculator that will help you calculate the approximate amount of a specific arbitration.

  12. How long does a CAM Santiago arbitration take?
  13. Unless the parties agree otherwise, the CAM Santiago Arbitration Rules establish a maximum period of six months to conclude the arbitration, extendible on an exceptional basis for another six months.

  14. Is it possible to recur against an arbitration award?
  15. Pursuant to Chilean law, in the case of arbitrators ex aequo et bono, the parties may appeal the final decision rendered by the arbitrator before other arbitrators of the same type and that they appoint persons to such position, provided that they have reserved that remedy.
    Unless parties had waived the right to recur against the arbitration award, the may appeal before ordinary courts or a previously appointed appeal arbitration tribunal.

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