Juicio Arbitral Patricio Aylwin Pdf 13
Juicio Arbitral Patricio Aylwin Pdf 13
Juicio Arbitral Patricio Aylwin Pdf 13
the supreme court of chile has held that by choosing an arbitral panel composed of arbitrators appointed in accordance with the rules of the chamber of commerce, the parties can exclude the possibility of resorting to an arbitral tribunal composed of judges chosen by the parties themselves. the court also held that in order to avoid any doubt, parties are free to choose which rules of jurisdiction and procedure apply to the interpretation and enforcement of a contract, and that they are free to choose that the parties shall appoint the arbitrators in accordance with the rules of the chamber of commerce. [24]
the supreme court has also held that the arbitration clause, which is set out in article 3.3 of the cam arbitration rules, is a “standard” arbitration clause, and that the parties are free to choose the arbitral tribunal’s composition. [24]
there are no specific provisions concerning the enforcement of arbitral awards within the civil procedure code. [27] a party can seek enforcement of a foreign arbitral award by filing a petition with the courts in the same judicial district as the one in which the award was rendered, or by filing a petition with the local district court, if the parties have agreed to such jurisdiction. [26] the arbitration clause itself, however, is not sufficient evidence to prove the validity of the arbitral award, as it must be established that the arbitral process has been complied with, as well as that the award is valid. [28] if the former is not proved, then the award shall be deemed null and void. [29] this was the case in the recent supreme court decision of the former chilean people’s court, where the court held that the obligation to pay the award was extinguished by a party’s renunciation of the duty in a public document (in this case a company’s letter of excuse from obligation). [30] moreover, the supreme court held that the expiration of a contract by unilateral termination was not sufficient evidence to prove that the contract had been extinguished. [29]
each party is entitled to appoint a representative to submit, and to be heard, during the arbitration proceedings, without subjecting it to any penalty. [36] the arbitral tribunal is the domiciliate of the parties and represents each of them in the proceedings.
in any judicial or arbitral proceeding, the chilean courts must accept and enforce an international award in the same manner as the domestic courts. [51] the standards and methods used by the parties to determine the arbitral jurisdiction, those for the conduct of the arbitration proceeding, and those for the arbitration award, are in accordance with the methods in force in that country.
if the parties are unable to decide on the procedure, any suggestion the other party rejects will be referred to an arbitral tribunal constituted according to the rules in force in that country, unless the parties agree to bring the proceeding before the south african national arbitration council.
if parties fail to comply with the procedural rules, the courts are entitled to refuse to enforce the award. in order for the court to do so, the arbitral tribunal must explicitly decide that the procedural rules have been disregarded. [37] this ruling has to be communicated to the parties, or, in cases in which the parties have not participated in the arbitration hearing, to the arbitral tribunal. [38]
arbitral tribunals have the power of any national court to rule on their own jurisdiction. they may assume their power in any eventuality. [68] although a proceeding in personam may not be brought under the act, in the absence of an express provision to the contrary (as in the case of capital punishment, ejecution de homicidio or divorcio), the parties may bring a direct action for the enforcement of a substantive obligation on the other to pay. if the obligation is one imposed by a custom, a judgment or an arbitral decision, the court may make an order to enforce the obligation under the applicable penalty provisions.
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