Chile: International Arbitration (4th edition)

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This country-specific Q&A provides an overview of the legal framework and key issues surrounding international arbitration law in Chile.

This Q&A is part of the global guide to International Arbitration.

For a full list of jurisdictional Q&As visit http://www.inhouselawyer.co.uk/index.php/practice-areas/international-arbitration-4th-edition/

  1. What legislation applies to arbitration in your country? Are there any mandatory laws?

    Chile has a dual system of arbitration legal sources; this is to say that domestic and international arbitration are subject to different legal regimes.

    International Commercial Arbitration is governed by the International Commercial Arbitration Act (“ICA Act”), which adopts the 1985 UNCITRAL Model Law On International Commercial Arbitration.

    Recognition and enforcement of foreign arbitral awards is governed by the New York Convention (“The NY Convention”), and by the ICA Act –which in turn adopts the NY Convention regime.

    Investment Arbitration is governed by the ICSID Convention and the applicable BITs. In addition, Decree Law No. 2349 regulates international contracts for the governmental sector, establishing a specific legal framework for the state and its entities for the submission of their disputes to international arbitration.

    Domestic arbitration is governed by the Judiciary Code and the Civil Procedure Code, which also regulates the enforcement of domestic arbitral awards.

    Any arbitration proceeding is legally foreign when fulfilling any of the requisites provided by Article 1 of the ICA Act.

    For international arbitration, the ICA Act does not contain any provision on procedure from which parties may not deviate.

    For domestic arbitration, some provisions on procedure are considered public policy provision like those related to the way the first notification must be made, and those providing the parties with some recourses for setting aside the award.

  2. Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?

    Chile is a contracting state to the NY Convention since 1975, with no reservations.

  3. What other arbitration-related treaties and conventions is your country a party to?

    Chile is also a party to: (i) The Pan-American Convention on Private International Law since 1934; (ii) The Inter-American Convention on International Commercial Arbitration since 1976; and (iii) The ICSID Convention since 1992.

    In addition, Chile has subscribed fifty-five bilateral investment treaties, of which fifty-two are currently either in force or signed. This makes Chile one of the most open markets worldwide.

  4. Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two?

    Yes, there are not differences.

  5. Are there any impending plans to reform the arbitration laws in your country?

    No.

  6. What arbitral institutions (if any) exist in your country? When were their rules last amended? Are any amendments being considered?

    The most prominent Chilean arbitral institution is the Centre for Arbitration and Mediation of the Santiago Chamber of Commerce (“CAM Santiago”).

    Some of the noteworthy particularities of CAM Santiago are: (i) it is well-known as one of the leading arbitral institution of the Latam region; (ii) it has its own roaster of arbitrators; (iii) it has different arbitration rules for domestic and international arbitration –the latter being compatible with international standards; (iv) fees are calculated on the basis of the amount in dispute.

    CAM Santiago domestic arbitration rules were last amended in 2012. Currently, a new amendment is under discussion.

    CAM Santiago international arbitration rules are in force since 2006. They have not been amended, and no amendment is under discussion currently.

  7. What are the validity requirements for an arbitration agreement under the laws of your country?

    According to Article 7(2) of ICA Act the arbitration agreement must be in writing. Nevertheless, the same provision states that the ‘in-writing’ requirement is also fulfilled when (i) the agreement to arbitrate can be found in any exchange of communication among the parties, (ii) in an exchange of statements of claim and defence one party alleges the existence of an arbitration agreement and the other party does not deny it, (iii) when a written contract refers to a document containing an arbitration agreement provided that such reference implies that this arbitration agreement is part of the referring contract.

    An arbitration agreement may be no longer enforceable according to Chilean contract law because of nullity, resolution by breach of contract, or termination –either by mutual agreement or by expiration date or condition. By virtue of the separability principle, the circumstances affecting the enforceability of the underlying contract do not affect the enforceability of the arbitration agreement unless the specific ground is able to contaminate any contractual arrangement like legal incapacity when signing the contract.

  8. Are arbitration clauses considered separable from the main contract?

    Yes. The principle of separability is contained in article 16 of the ICA Act. There is not a similar rule for domestic arbitration. However, according to general substantive contract law provisions, the arbitration agreement should be subject to the same principle.

  9. Is there anything particular to note in your jurisdiction with regard to multi-party or multi-contract arbitration?

    No.

  10. In what instances can third parties or non-signatories be bound by an arbitration agreement?

    The ICA Act is silent on the matter as well as the CAM Santiago arbitration rules. There are both judicial and arbitral decision though that have exceptionally extended the arbitration agreement to non-signatories parties by applying a specific contract law doctrine called ‘stipulation in favour of a third party’.

  11. How is the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?

    According to the article 28 of the ICA Act, the parties can freely decide the law applicable to the merits of the case. The tribunal will decide on such law only if the parties fail to indicate it. In that case, the tribunal will decide the applicable law pursuant to the conflict-of-law provisions it deems to be applicable unless the relevant arbitration rules state otherwise.

  12. Are any types of dispute considered non-arbitrable? Has there been any evolution in this regard in recent years?

    Pursuant to articles 229-230 of the Chilean Judiciary Code, family law, criminal law, specific matters submitted to the lowest courts of the country, disputes against two individuals being one the legal representative of the other, and the disputes in which a judicial prosecutor must be heard, are not arbitrable.

    IP disputes, disputes submitted to specialised courts like antitrust/competition, and employment/labour are not arbitrable either, are not arbitrable either.

    In general, there has been no evolution in this regard. The exception is the arbitrability of differences in the process of collective negotiation –belonging to the domain of labour law.

  13. In your country, are there any restrictions in the appointment of arbitrators?

    For domestic arbitration, the eligibility requirements are: (i) reading and writing skills, (ii) being older than 18 years, (iii) being a lawyer in Chile unless when serving ex aequo et bono.

    Active judges cannot serve as arbitrators.

    The ICA Act does not have any restrictions for serving as arbitrator. Without prejudice, Article 11(1) does preclude a person from acting as an arbitrator by reasons of nationality if the parties so agree.

  14. Are there any default requirements as to the selection of a tribunal?

    Pursuant to Article 11(3)(b) of the ICA Act, failing parties’ agreement, (a) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within 30 days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the President of the competent Court of Appeals; (b) In an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he or she shall be appointed, upon request of a party, by the President of the competent Court of Appeals. Of course, any arbitration rules regulating the matter will apply.

    For domestic arbitration, pursuant to Article 232 of the Judiciary Code, failing agreement of the parties arbitrators shall be appointed by a competent trial court.

    Finally, according the CAM Santiago Arbitration Rules, failing agreement of the parties, unless otherwise agreed by the parties, the CAM Santiago shall appoint the sole arbitrator –default rule in CAM Santiago arbitration– or the missing arbitrator(s) in arbitrations with three arbitrators.

  15. Can the local courts intervene in the selection of arbitrators? If so, how?

    Yes, as described in answer 14 above.

  16. Can the appointment of an arbitrator be challenged? What are the grounds for such challenge? What is the procedure for such challenge?

    For international arbitration, according to Article 12(2) of the ICA Act, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his or her impartiality or independence, or if he or she does not possess the qualifications agreed to by the parties.

    The parties are free to agree on the procedure –which may be set forth by the applicable arbitration rules. Failing such agreement, Article 13(2) of the ICA Act states that a party who intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in article 12(2), send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from his or her office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. If a challenge under this procedure or any other procedure agreed upon by the parties is not successful, the challenging party may request, within 30 days after having received notice of the decision rejecting the challenge, the President of the competent Court of Appeals to decide on the challenge, whose decision shall not be subject to appeal; while such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and render an award.

    For domestic arbitration, the grounds for challenge are those applicable to national judges set forth by the Judiciary Code, provided that such grounds arose after the appointment, or were unknown by the parties by such time.

  17. What happens in the case of a truncated tribunal? Is the tribunal able to continue with the proceedings?

    Pursuant to article 15 of the ICA Act, if for any reason an arbitrator is no longer able to perform his or her role, he or she will be replaced according to the same procedure adopted when appointing the arbitrator to be replaced. A truncated tribunal is not able to continue with the proceedings, unless the applicable arbitration rules state otherwise.

  18. Are arbitrators immune from liability?

    For international arbitration, the ICA Act is silent on the matter, which may be nonetheless addressed by the applicable arbitration rules.

    For domestic arbitration, since in Chile arbitrators are deemed to exercise a jurisdictional function, most of the liabilities potentially applicable to judges apply, mutatis mutanda, to arbitrators. Therefore, they may be held either criminal and/or civil and/or disciplinary liable based on grounds very similar to those existing for judges. However, in practice, cases from which criminal and/or civil liability may arise are extremely unusual. Disciplinary liability is barely seen.

  19. Is the principle of competence-competence recognised in your country?

    Yes. Pursuant to Article 16 of the ICA Act the arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.

    Article 16 of the ICA Act goes on saying that the arbitral tribunal may rule on the plea referred to immediately above either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within 30 days after having received notice of that ruling, the competent Court of Appeals, which decision shall not be subject to appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and render an award.

    For domestic cases, although there are no provisions on the matter, Article 20 of the CAM Santiago Arbitration Rules set forth -mutatis mutandi- a similar procedure.

  20. What is the approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?

    The matter is expressly addressed by Article 8 of the ICA Act, which states that a court before an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so request not later than when submitting his first statements on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.

    For domestic arbitration, there are not direct provisions on the matter. However, the local legal doctrine thinks that the result should be the same because of the binding effect of the arbitration agreement. There are judicial decisions supporting this account.

  21. How are arbitral proceedings commenced in your country? Are there any key provisions under the arbitration laws relating to limitation periods or time bars of which the parties should be aware?

    According to Article 21 of the ICA Act unless otherwise agreed by the parties, the arbitral proceedings commence on the date on which a request for the dispute to be referred to arbitration is received by the respondent. Regarding the conduction of the arbitral proceedings, the ICA Act states two basic principles: (i) the parties must be treated with equality and must be given a full opportunity to presenting her or his case (Article 18); and (ii) subject to the provisions of the ICA Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings (Article 19).

    Failing agreement on the procedure, the arbitral tribunal may, subject to the provisions of the ICA Act, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

    For domestic arbitration, according to Article 636 of the Civil Procedure Code, the arbitral tribunal is only bound by the procedural rules the parties agreed on –either directly or indirectly by choosing a given institutional set of rules of arbitration. The same provision goes on saying that, failing agreement, the arbitral tribunal will follow certain basic procedural rules referred to by that provision (Articles 637-643).

    For the arbitration proceeding conducted under the CAM Santiago rules of arbitration, the proceedings start administratively by the submission of a request of arbitration (Article 2), to which the applicant shall include a copy of the contract, and the document containing the arbitration agreement in case it is a separate document. If the applicant is a legal entity, the request for arbitration shall also include the power of attorney of the representative who is signing the request. Finally, when filing the request applicants must also pay the CAM Santiago an advance on administrative costs.

    Arbitration laws do not have any provision relating to limitation periods or time bars regarding the commencement of the proceedings. However, parties should be aware of the specific limitation period affecting their civil action according to the applicable substantive law.

  22. In what circumstances is it possible for a state or state entity to invoke state immunity in connection with the commencement of arbitration proceedings?

    There are not specific legal provisions restricting state immunity as a defence in favour or foreign states or foreign state entities in connection with the commencement of arbitration proceedings. The matter is governed by international customary law.

    Regarding sovereign immunity, see answer N° 37 below.

  23. What happens when a respondent fails to participate in the arbitration? Can the local courts compel participation?

    Pursuant to Article 25 of the ICA Act, provided that a respondent has been duly notified on the commencement of the proceedings, if he or she then fails to participate, the arbitral tribunal shall continue the proceedings.

    Chilean courts cannot compel party participation.

  24. Can local courts order third parties to participate in arbitration proceedings in your country?

    No.

  25. What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal?

    There is not a limited list of available interim measures. Nevertheless, the most typical like asset attachment or the prohibition to execute contracts on specific assets are expressly regulated by law.

    Both local courts and arbitral tribunals are competent for granting interim measures. However, especially when affecting third parties, they are usually filed before courts. This is so because court-granted interim measures are more easily complied with by third parties.

    Before the constitution of the arbitral tribunal, interim issues can be only granted by national courts –unless otherwise stated by the applicable arbitration rules– subject to the review of the arbitral tribunal upon its constitution.

  26. Are there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence? Can local courts compel witnesses to participate in arbitration proceedings?

    Pursuant to Article 19(2) of the ICA Act, failing parties’ agreement, the arbitral tribunal may, subject to the ICA Act, conduct the arbitration in such manner as it considers appropriate. That provision adds that the power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

    According to Article 27 of the ICA Act, the arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence.

    In domestic arbitrations, local courts may also assist the arbitral tribunal, for example for the taking of witness evidence and for document production orders. Strictly speaking, local courts can compel witnesses to participate in arbitration proceedings. However, in practice, parties never file applications for compelling unwilling witnesses to declare due to strategical considerations.

  27. What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country?

    There are not professional standards or ethical rules applicable to foreign counsels or arbitrators in international arbitrations seated in Chile. However, the Chilean Bar Ethical Code is binding for the all members of the Chilean Bar and adopts high standards on party representation.

  28. In your country, are there any rules with respect to the confidentiality of arbitration proceedings?

    There are not legal provisions on confidentiality in either domestic or international commercial arbitration laws. The matter is governed by parties’ agreement or by the applicable arbitration rules. Nevertheless, in practice arbitral tribunals usually treat arbitration proceedings as confidential. However, once a recourse or application for enforcement are filed before a national court –which proceedings are public–, it is not possible to keep the case confidential.

  29. How are the costs of arbitration proceedings estimated and allocated?

    The ICA Act is silent on the matter. Hence it is governed by parties’ agreement or the applicable arbitration rules. Pursuant to Article 44 of the CAM Santiago arbitration rules, the arbitral tribunal shall decide on costs, at last, in the award, and such costs will be all the expenses actually incurred and proved.

    Awards do not usually present a breakdown on costs. It can be generally stated that costs do not include actual attorney’s fees.

  30. Can pre- and post-award interest be included on the principal claim and costs incurred?

    The ICA Act does not address this matter. Thus, it will be governed by the applicable substantive law or by parties’ agreement or by the applicable arbitration rules.

  31. What legal requirements are there in your country for the recognition and enforcement of an award? Is there a requirement that the award be reasoned, i.e. substantiated and motivated?

    International arbitral awards shall be first recognized before its enforcement. The recognition phase is called exequatur, a short proceeding before the Supreme Court. Once the exequatur phase is successful, the award will be considered in Chile as though it is a final and binding national judicial decision, and as such it is enforceable through the domestic enforcement proceedings.

    According to Article 35 of the ICA Act, the party relying on an award or applying for its enforcement shall supply the duly authenticated original award or a duly certified copy thereof, and the original arbitration agreement referred to or a duly certifies copy thereof. If the award or agreement is not made in Spanish, the party shall supply a duly certified translation thereof into such language.

    Pursuant to Article 36 of the ICA Act recognition or enforcement of an arbitral award may be refused only: (a) at the request of the party against whom it is invoked, if that party furnishes to the Supreme Court proof that: (i) a party to the arbitration agreement was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or (ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or (v) the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made; or (b) if the Supreme Court finds that: (i) the subject-matter of the dispute is not capable of settlement by arbitration under the Chilean law; or (ii) the recognition or enforcement of the award would be contrary to the public policy of Chile.
    There is not any legal provision requesting an international arbitral award be reasoned.

    The Supreme Court of Chile tends to look clearly favourably upon enforcing awards. All the applications for recognition of final awards have been accepted –except one, which had been subject to a setting aside application in the seat.

  32. What is the estimated timeframe for the recognition and enforcement of an award? May a party bring a motion for the recognition and enforcement of an award on an ex parte basis?

    The exequatur proceedings take 1-year average, while the enforcement proceedings may take 18-24 months. Motion for the recognition and enforcement of an award cannot be brought on an ex parte basis.

  33. Does the arbitration law of your country provide a different standard of review for recognition and enforcement of a foreign award compared with a domestic award?

    Yes. Recognition and enforcement of foreign arbitral awards can only be denied under Article 36 of the ICA Act, which in turn reproduces Article V of the New York Convention –see answer N° 31 above.

    On the other side, domestic arbitral awards are not subject to recognition, and both their enforcement and grounds for refusing it are subject to the general provisions on judicial decisions enforcement.

  34. Does the law impose limits on the available remedies? Are some remedies not enforceable by the local courts?

    Chilean contract law does not prevent parties from agreeing on specific remedies nor to modify any default feature of the legal remedies either. Actually, parties may waive any remedy for breach of contract in advance.

    Every available legal remedy is enforceable by law without limits, including specific performance. Particular remedies created by contract are enforceable also unless they are against the law, public policy or buenas costumbres –which is a legal concept that limits freedom of contract when the exercise thereof is against basic standards of decency in the content of contractual arrangements.

  35. Can arbitration awards be appealed or challenged in local courts? What are the grounds and procedure?

    The only available recourse against an international arbitral award in Chile is the application for setting aside in accordance to Article 34 of the ICA Act. This has been totally supported by the Chilean highest national courts through several decisions.
    The award may be set aside by the competent court of appeals only if: (a) the party making the application furnishes proof that: (i) a party to the arbitration agreement was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under Chilean law; or (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Law from which the parties cannot derogate, or, failing such agreement, was not in accordance with the ICA Act; or (b) the court finds that: (i) the subject-matter of the dispute is not capable of settlement by arbitration under Chilean law; or (ii) the award is in conflict with the public policy of Chile.
    Up to date Chilean courts have not set aside any award, showing an objective friendly approach to arbitration.

    In domestic arbitration, there are recourses against the awards, which can be waived in advance except one kind of annulment recourse (recurso de casación) based on lack of competence or ultra petita, and a disciplinary action against the arbitrator in case of serious infraction or abuse (recurso de queja).
    In arbitrations administered by CAM Santiago, only a very low rate of awards is successfully challenged.

  36. Can the parties waive any rights of appeal or challenge to an award by agreement before the dispute arises (such as in the arbitration clause)?

    The ICA Act is silent on the matter. There are not judicial decisions on the issue either. Nevertheless, it is reasonable to state that the application for setting aside the award of Article 34 is a matter of public policy and cannot thus be waived in advance.

    In domestic arbitration, the available recourses against the awards can be waived in advance except the recurso de casación based on lack of competence or ultra petita, and the recurso de queja.

  37. To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?

    There are not specific legal provisions restricting state immunity as a defence in favour of foreign states o state entities at the enforcement stage. The matter is in principle governed by international customary law. Nevertheless, under law-decree N° 2,349 on rules about international contracts for the state or state entities, such immunity may be also waived.

  38. In what instances can third parties or non-signatories be bound by an award? To what extent might a third party challenge the recognition of an award?

    The ICA Act is silent on the matter as well as the CAM Santiago arbitration rules. There are both judicial and arbitral decision though that have exceptionally extended the arbitration agreement to non-signatories parties by applying a specific contract law doctrine namely ‘stipulation in favour of a third party.

    If a non-signatory party is deemed to be bound by the arbitration agreement, such party will be naturally bound by the award as well as any other party to the arbitration.

    Under Chilean law, third parties that were deemed as not bound by the arbitration agreement –and were thus not parties to the arbitration– cannot challenge the recognition of an award.

  39. Have courts in your jurisdiction considered third party funding in connection with arbitration proceedings recently?

    No. However, there are not legal restrictions against that business.

  40. Is emergency arbitrator relief available in your country? Is this frequently used?

    No. An emergency arbitrator may be available only if the applicable arbitration rules state so.

  41. Are there arbitral laws or arbitration institutional rules in your country providing for simplified or expedited procedures for claims under a certain value? Are they often used?

    No. Expedited procedures may be available only if the applicable arbitration rules state so

  42. Have measures been taken by arbitral institutions in your country to promote transparency in arbitration?

    Yes. CAM Santiago began to publish a selection of the awards rendered by its arbitrators –taking care of deleting any information about the identity of the parties involved in the cases. The selection specifies the name of each arbitrator.

  43. Is diversity in the choice of arbitrators and counsel (e.g. gender, age, origin) actively promoted in your country? If so, how?

    Chile must clearly continue working on the matter, particularly regarding gender equality. Nevertheless, there have been valuable improvements. For instance, CAM Santiago has recently appointed 26 new arbitrators for its roster, all of them women. In addition, it has announced that it will continue working on diminishing gender inequality in its future actions.

  44. Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?

    No.

  45. Is corruption an issue that is regularly raised in your jurisdiction? What standard do local courts apply for proving of corruption?

    No.

  46. Have there been any recent court decisions in your country considering the definition and application of “public policy” in the context of enforcing or setting aside an arbitral award?

    The issue has been addressed in the context of setting aside arbitral awards under the ICA Act. The Court of Appeals of Santiago has adopted an international view of public policy, this is to say that it is to cover and protect only basic and fundamental legal principles rather than merely local mandatory rules.

  47. Have there been any recent court decisions in your country considering the judgment of the Court of Justice of the European Union in Slovak Republic v Achmea BV (Case C-284/16) with respect to intra-European Union bilateral investment treaties or the Energy Charter Treaty? Are there any pending decisions?

    No.

  48. Have there are been any recent decisions in your country considering the General Court of the European Union’s decision Micula & ors (Joined Cases T-624/15, T-694/15 and T-694.15), ECLI:EU:T:2019:423, dated 18 June 2019? Are there any pending decisions?

    No.