New Rules For Emergency Arbitration In Chile

• Published date: 04 September 2023
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution, Civil Law
• Law Firm: Herbert Smith Freehills
• Author: Mr Christian Leathley, Amal Bouchenaki, Daniela Paez and Carlos Hafemann

On August 11, 2023, the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago) introduced new rules on emergency arbitration (EA) to its domestic Arbitration Rules, through the inclusion of a new article 21 bis and a new Title IX (EA Regulation). The EA Regulation will enter into force on September 1, 2023, and addresses the EA procedure, the appointment of an emergency arbitrator (and grounds for their disqualification), service upon respondent parties, and standards applicable to a request for an emergency measure.¹

Background

Prior to the introduction of the EA Regulation, a party in need of interim relief prior to the constitution of an arbitral tribunal, had to apply to the Chilean courts to petition for interim measures pursuant to the Chilean Civil Procedure Code (CPC).² CAM Santiago has introduced the EA Regulation to enable users to' "obtain emergency relief without resorting to domestic courts and keep the resolution of their disputes within the arbitration proceedings."³ CAM Santiago has also highlighted the speed and confidentiality of EA proceedings as advantages over interim court proceedings.

Procedure

Pursuant to articles 54 and 55 of the CAM Santiago Arbitration Rules, a request for EA can be made prior to the commencement of an arbitration. The applicant party will submit a request for EA and an emergency arbitrator will be appointed by the center within two business days of the request being filed. Once appointed, the emergency arbitrator shall agree to serve as such also within two business days. Unless the proceedings are conducted ex parte, the request for EA is served to the respondent party, who has three business days to answer the request for EA. Subsequently, in accordance with article 57, the arbitrator can order further pleadings and/or submission of further evidence.

The emergency arbitrator must reach a decision on the application for EA within five days of the last pleading and/or submission of evidence. If the relief sought is granted, the applicant must then file their request for arbitration and the statement of claim within ten days (although this time period can be extended by the center to thirty days). If a request for arbitration is not filed within such period, the applicant will be held liable for any damages caused to respondent, and the emergency arbitrator will be authorized to lift any emergency measures.⁴

Standards applicable to an emergency measure

The EA Regulation follows the...