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RULES OF PROCEDURE > RULES OF ARBITRATION > SCOPE OF
I- SCOPE OF APPLICATION
In reiteration of the stipulations in article 3 of the bylaws,
whenever the parties have agreed to submit litigation to the
Arbitration and Mediation Center of the Santiago Chamber of
Commerce in application of the arbitration clause or any other
indenture, the litigation shall be resolved in accordance with
these regulations, notwithstanding the amendments that may be
agreed upon in writing by the parties.
All events or circumstances not foreseen in the present
regulations will be subject to the will of the parties concerned
or, failing that, to the will of the arbitration tribunal, in which
case such will shall be deemed to form a part of these rules of
These rules of procedure will govern the arbitration except when
they conflict with a specific rule of Law applicable to the
particular case being heard.
In accordance with these rules of procedure, all notices will be
deemed received if they have been delivered personally to the
addressee or, in default thereof, sent by certified mail to the
notification address specified in due course by the parties,
whether an habitual residence, business or postal address or, as
the case may be, the address of representatives. If, after
reasonable inquiry, it is impossible to determine any of such
addresses, a notice will be deemed valid when sent by certified
mail to the addressee's last known habitual residence, business or
The notice will be deemed received upon the third day from the
date of forwarding.
The arbitration procedure commences on the date when the
arbitration notice is received by the respondent.
The periods of time specified in these rules of procedure are
deadlines and are expressed in business days, excluding
Each party shall appoint a licensed attorney to represent
him/her before the arbitration tribunal. The appointment will be
made either in the request or in the brief of response to the
claim, as the case may be.
Arbitration shall be held in Santiago, Chile, although the
arbitration court may hear witnesses and hold meetings among its
members in any place it deems suitable in consideration of the
circumstances of the arbitration. It may also be constituted in the
location it deems appropriate to inspect documents, merchandise or
The parties will be given at least four days' advance notice in
order to attend, if they wish. Should the parties and the
arbitrator so agree, the arbitration may be held in a location
other than Santiago but in the country. The tribunal shall be
responsible for maintaining appropriate communications with the
The decision shall be rendered in the arbitration location.
The arbitration shall be conducted in Spanish.
II- COMPOSITION OF THE ARBITRATION TRIBUNAL
The arbitration tribunal will be comprised of one or three
arbitrators, a matter that must be addressed by the parties in the
mandate specified in the article that follows.
The parties must decide on the appointment of the arbitration
tribunal, unless they delegate this power to the Santiago Chamber
of Commerce by means of a limited power of attorney. The Santiago
Chamber of Commerce shall appoint the tribunal from among the
members on the list of arbitrators of the Arbitration and Mediation
Center, at the recommendation of the Council of said Center.
The appointment of the tribunal as specified above will be
communicated to the parties within three days from the date of
signature of the instrument of appointment.
III- ACCEPTANCE AND OATH
The Secretariat of the Arbitration and Mediation Center will
adopt all the measures necessary to secure the acceptance of the
assignment by the designated arbitrators and have them take an oath
of office pursuant to the law.
Should all or part of the tribunal appointed refuse the
assignment, the Secretary General of the Arbitration and Mediation
Center will proceed as stipulated by the parties. Absent such
stipulations, the Secretary General will convene the parties to a
hearing to appoint all or part of the tribunal.
IV- RECUSATION AND SUBSTITUTION
The arbitrators appointed directly by the parties may be
disqualified by legal impediment or recusation pursuant to the
The foregoing notwithstanding, whenever the arbitrators are
appointed by the Santiago Chamber of Commerce, the parties may
petition for the disqualification of the appointee for relevant
reason. They shall have a period of six business days as from
receipt of the notice stipulated in Article 8. The notice is
presumed to have been received by the third day after
The petition for disqualification shall be heard by the Council,
which shall give notice of the petition to the other party or
parties before rendering a decision. If all parties are willing to
accept the disqualification, it shall be declared by the Council
without further proceeding. Otherwise, the Council shall hear the
petition. There shall be no appeal or remedy against its
If the parties do not set a special mechanism for arbitrator
substitution, the procedure governing their appointment will
Once the substitution of one or more members of the arbitration
tribunal has taken place, such tribunal will decide on the
proceedings and hearings that must be repeated within eight days
following the acceptance of the appointment by the last of the new
When the court decides on the subjects specified in the
preceding paragraph, it may only decide to repeat the proceedings
and hearings it considers strictly indispensable to a thorough
understanding of the process.
The substitution of one or more arbitrators or the repetition of
proceedings and hearings referred to in the preceding articles will
not mean an extension of the term within which the tribunal must
complete the assignment, unless otherwise agreed by the
V- JUDICIAL PROCEEDINGS
All judicial proceedings must be conducted in the appropriate
location during business hours.
The appropriate location for arbitration proceedings is the seat
of the arbitration tribunal.
Business hours are from 9:00 a.m. to 6:00 p.m., excluding
Saturdays, Sundays and holidays.
Judicial proceedings will be authorized by the Minister of Faith
designated by the tribunal or, in absence thereof, by the Secretary
of the Center.
All proceedings necessary for the formation of the process must
be undertaken by the arbitration tribunal except in those cases
where the tribunal or the parties agree to delegate certain
functions to a Minister of Faith or the Center Secretary.
VI- THE ARBITRATION PROCEDURE
The arbitration tribunal shall be deemed constituted as of the
date the position of arbitrator is accepted by the arbitrator or by
the last thereof, if several.
The acceptance of the appointment and consequent oath of office
are the acts that install the arbitration tribunal. These acts
shall be performed before the Center Secretary, who shall be
accompanied by a Minister of Faith who shall administer the
Subject to the provisions herein, in the case of an arbitrator
ex aequo et bono, the arbitral tribunal may direct the arbitration
in the manner it deems appropriate provided the parties are treated
equally and each of the parties is given a full opportunity to
enforce its rights during each stage of the procedure.
The Center Secretariat shall be responsible for administrative
matters in relation to the arbitrations conducted pursuant to these
rules and for notifications, if entrusted with this function by the
All briefs submitted to the tribunal must be presented with a
copy for the parties involved in the arbitration claim.
The brief of claim must be accompanied by as many copies of the
contract and arbitration agreement -if not included in the
contract- as there are parties and arbitrators hearing the
The brief of claim must contain:
1. The name and surnames, address, profession or occupation of
the claimant and of his/her representatives and the nature of the
2. The name and address of the respondent.
3. An account of the events and grounds on which the claim is
4. The points at issue and petitions that are submitted to the
decision of the tribunal.
The claimant may accompany all documents he/she deems convenient
or refer to documents and other evidence that he/she will be
presenting together with the writ of claim.
Once notified, the respondent shall respond to the claim in
writing within fifteen days.
The response must contain:
1. The name and surnames, address, profession or occupation of
2. The defenses of the claim and an account of the events.
3. The petitions that are submitted to the ruling of the
The respondent may accompany the documents on which his/her
response is based or refer to documents and other evidence that
he/she will be presenting together with the writ of response.
The respondent may make a counterclaim or enforce a right based
on the same contract. The claimant will have a ten-day period to
respond to the counterclaim, subject to the requirements stipulated
in article 19.
The arbitration tribunal may decide on the existence or validity
of the arbitration clause and the defense of incompetence of the
tribunal, which should be presented in the brief of response to the
claim, or, with respect to a counterclaim, in the response to such
counterclaim. The arbitration tribunal shall first decide on the
defenses relative to its competence.
The arbitration tribunal shall be empowered to determine the
existence or validity of the contract of which the arbitration
clause forms a part. For these purposes, an arbitration clause
forming part of a contract that orders arbitration within the
purview of these Regulations shall be considered an agreement
separate from the other stipulations in the contract. The decision
by the arbitration tribunal that the contract is void shall not
entail ipso jure the invalidity of the arbitration clause nor vice
Upon submission of the brief of response to the claim or
counterclaim, as the case may be, or upon expiration of the terms
to do so, the tribunal shall call upon the parties to
The arbitration tribunal may appoint one or more experts to
issue a written report on matters determined by the tribunal.
The parties must make all pertinent information requested by the
expert available thereto.
Any difference between a party and an expert in this regard
shall be resolved by the arbitration tribunal.
The tribunal shall send a copy of the expert opinion to the
parties upon receipt, who shall have the opportunity to express
their opinion in the period set by the tribunal.
Should the parties fail to attend a conciliation hearing or not
reach a resolution of the litigious matter thereat, the arbitrator
may grant a maximum period of ten days to supplement initial briefs
in support of the points of litigation stipulated in the briefs of
claim, response, counterclaim or response to the counterclaim.
Nonetheless, the arbitrator shall always have the discretion to
decree the proceedings of replication and rejoinder.
Upon expiration of this period, the tribunal may, by virtue of
office or at the request of a party, based on information submitted
by the parties, set an evidence period not to exceed twenty days
that may be extended for the period the tribunal deems
The arbitration tribunal shall give sufficient notice to the
parties of any hearing.
If witnesses are to testify, each party shall advise the
arbitration tribunal and, through the intermediary thereof, the
other party ten days in advance of the hearing, indicating the name
and address of the witnesses who will testify, the subject and
language in which they will do it.
The notice to the tribunal should be given during the probatory
period. The tribunal may decide on the way in which witnesses will
be interrogated and whether or not it will accept signed answers to
questions in writing.
The tribunal shall have the discretion to determine the
admissibility, pertinence and materiality of the evidence
If the respondent has not presented his/her response in the
period indicated in article 20 or any of the parties, although duly
convened within the purview of these rules of procedure, fails to
appear at the hearing without sufficient cause, in the opinion of
the arbitration tribunal, the procedure shall continue.
If one of the parties fails, although duly requested to do so,
to present documents or provide the other evidence that the
arbitrator deems necessary in the periods set without sufficient
cause, the arbitration tribunal may render the arbitral decision on
the basis of the evidence available.
The value of the means of proof will be appreciated in
Upon expiration of the probatory period, the arbitration
tribunal shall declare the hearings closed and convene the parties
to hear a decision.
If the tribunal considers it necessary, because of exceptional
circumstances, it may, either by virtue of office or at the request
of a party, reopen the hearings at any time before the arbitral
decision is rendered.
The arbitral decision will be issued within a period of ten days
following the decree convening the parties to hear it. It is only
during this period that the tribunal may officially decree measures
in furtherance of securing more facts, which shall be notified to
the parties and should be fulfilled in the period set in each case
by the tribunal. The measures not implemented in the period set
shall be deemed not decreed.
The ten-day period to render the arbitral decision will be
understood to be suspended while the measures in furtherance of
securing more facts are being fulfilled.
The arbitration tribunal should render its arbitral decision in
a period of six months, extendible for the same period of time, if
the tribunal deems it necessary. The period will begin on the date
of acceptance of the assignment by a single arbitrator, or on the
date of acceptance of the appointment of the last of three
The extension referred to in the preceding paragraph should be
notified to the parties by the Center Secretariat before expiration
of the original term.
The arbitration tribunal shall decide as an arbitrator ex aequo
et bono unless the parties have mutually decided otherwise,
provided such procedure adheres to the law. In all cases, the
arbitration tribunal shall abide by the contract stipulations and
take into account the mercantile uses applicable to the case.
Should the parties reach an agreement during the arbitration,
such agreement shall be approved by the tribunal and upon approval,
shall have the nature and force of a final decision.
If it is impossible or unwarranted to continue the procedure
before an arbitral decision is rendered, the arbitration tribunal
shall notify the parties of the need to issue an order of
conclusion of the procedure. Any of the parties may oppose this if
he/she has grounded reasons to do so, as qualified by the
If there are three arbitrators, the arbitral decision shall be
rendered by a majority of votes. Failing a majority agreement, the
arbitral decision shall be rendered by the Chairman.
The arbitral decision will be rendered in writing and shall
1. A precise identification of the litigating parties, their
addresses,profession or occupation.
2. An account of the petitions, actions, defenses and
allegations made by the parties.
3. A brief account of the evidence.
4. The arbitration decision and principles of equity on which
the ruling was based, and if arbitration-at-law, the laws on which
it was grounded.
5. A decision shall be rendered on the costs of the arbitration
in relation to reasonable expenses of the arbitrators, notarial
filing expenses, notification expenses, evidence and other
6. The date and signature of the arbitrator(s) who heard the
case. If any of the arbitrators does not sign the arbitral
decision, or is a minority vote, it will be deemed that he/she
adheres to the majority decision.
The arbitration decision, certified by a minister of faith,
shall be notified to the parties in the manner determined by the
arbitrator. Upon notification, a copy shall be filed in the
Secretariat of the Santiago Arbitration and Mediation Center.
The parties may petition the tribunal to correct any numerical
error, error in calculation or clarify an obscure concept or
omission in the ruling within five days following notification.
This petition shall be made through the Center Secretariat, who
shall advise it promptly to the arbitrator(s) for a decision within
eight days thereafter. The petition shall be deemed denied if they
do not render a decision in that period.
Only the remedy of reconsideration shall be available against
the resolutions of an arbitrator ex aequo et bono during the
processing of the arbitration and the parties shall undertake to do
what is ordered in good faith. The remedy of clarification,
rectification and amendment shall be available against the final
decision rendered by an arbitrator ex aequo et bono as shall the
remedy of appeal, but only when the provisions in article 642 of
the Code of Civil Procedure have been fulfilled and a power of
attorney has been previously conferred upon the Santiago Chamber of
Commerce to appoint a second-instance arbitral tribunal from among
the members of the arbitration corps of the Santiago Arbitration
and Mediation Center.
A second-instance tribunal, comprised of three members appointed
by the members of the Center's arbitration corps, shall hear any
remedies against decisions of arbitrators-at-law when the parties
have so stated in the arbitration covenant or agreed thereto by
subsequent act prior to the commencement of the arbitration
The arbitrator who rendered the resolutions shall order their
enforcement. The provisions governing the matter in existing law
shall apply to enforcement of the final decision.
VII- TRANSITORY ARTICLES
Transitory Article #1
Arbitration claims shall be governed by the regulations
stipulated by the parties in the arbitration agreement or clause.
Nonetheless, the parties may unanimously submit to the regulations
in effect at the time of the first hearing convened by the
Transitory Article #2
The fees charged by the arbitrators who act within the framework
of the Santiago Arbitration and Mediation Center and the Center's
administrative fee shall follow the fee schedules in effect at the
time the arbitration claim begins.
The arbitral tribunal and the Center shall have the authority to
request that the parties supply funds to defray expenses, fees and
the administrative fee during the course of the arbitration in the
amount they deem pertinent, based on the corresponding arbitrator
fee schedule and administrative fee schedule.