INTERNATIONAL ARBITRATION 1/3LY
TECHNICAL 31
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CHI L E
C OL OMB I A
The arbitrators’ roster comprises 484 arbitrators, categorised in two lists. List A arbitrators are qualified to chair major arbitrations with claim values equal to or above approximately GBP 72,000/USD 93,600; and List B arbitrators for chairing claims valued at less than GBP 72,000/USD 93,600. The Columbian institution also provides a roster for international arbitration containing 43 names. If the parties agree that CAC-CCB will appoint the arbitrator, this will be made through a Public Random Assignment of Arbitrators, the parties may or may not be present at the assignment. The CAC-CCB also offers a different procedure for micro, small and mid-sized companies with claims under GBP 72,000/USD 93,600. The arbitration costs are lower and the proceedings are expedited.
The Código Civil y Comercial de la República Argentina, in force since August 2015, sets out in Argentina’s arbitral framework, which is based on the UNCITRAL model law. The Tribunal de Arbitraje de la Bolsa de Comercio de Buenos Aires (BCBA) was founded in 1963, even though the use of arbitration in disputes relating to stock exchange matters was adopted in 1854. One third of the arbitration proceedings referred to the BCBA involve foreign parties. Its arbitrators’ roster comprises three permanent arbitrators, and 15 substitute arbitrators nominated by the BCBA’s board. The substitute arbitrators are lawyers and the list is reviewed annually. The Centro de Mediación y Arbitraje Comercial de la Cámara Argentina de Comércio – CEMARC (CEMARC) was created in 1992. The arbitrators’ list comprises 54 names, including four of foreign nationality. According to the CEMARC’s rules, the Procedure Administrator shall summon the parties to conciliate/ mediate if such process has not been conducted prior to the arbitration proceedings. The costs are fixed, based on the claim value.
The Centro de Arbitraje y Mediación de la Cámara de Comércio de Santiago Chile (CAM - Santiago) was established in 1992. Following the publication of the Chilean International Commercial Arbitration Act in 2004, CAM-Santiago launched its International Arbitration Service and the rules for international cases in 2006. CAM-Santiago has handled over 2750 arbitrations since 1992. In 2016, approximately 230 arbitrations were referred to CAM-Santiago. CAM-Santiago has reported a notable increase in its international caseload since 2013. Currently, 10 per cent of the ongoing arbitrations are international. The majority of these (57 per cent) are of South American origin, 19 per cent are European and 14 per cent are American. Conversely, international arbitrators are not commonly appointed. 82 per cent of arbitrators are Chilean. CAM-Santiago provides a compilation of the Chilean jurisprudence on arbitration, and has published the redacted awards since 1994 . CAM-Santiago is the preferred seat of the Ecuadorian government for investors’ disputes because of its policy on governance and anti-corruption.
Domestic and international arbitration in Colombia are governed separately by the Law of National and International Arbitration nº 1563/2012. Like the majority of Latin American countries, the international arbitration law is based on the UNCITRAL model law. The Centro de Arbitraje y Conciliación de la Cámara de Comercio de Bogotá (CAC-CCB) was established in 1983, and it is an affiliate of the International Chamber of Commerce, International Court of Arbitration (ICC), being the only arbitral institution authorised to manage arbitrations and mediations governed by the ICC. The CAC-CCB is the only arbitral institution in Latin American authorised to administer ICSID hearings. The value of the disputes handled by the CAC-CCB vary between USD 20 – 200 million, the vast majority are domestic arbitrations. For the period of 2010-2015, CAC-CCB handled 1,477 arbitrations, and issued 518 awards.
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