Find Lawyers in Chile for Arbitration and Mediation
Practice Area Overview
Both Arbitration and Mediation are alternative dispute resolution methods, that provide the following benefits as opposed to litigation:
1. Speedy resolution of conflicts;
2. Confidentiality for the parties involved;
3. Flexibility in the resolution of the conflict;
4. Greater control over the procedure; and
5. The possibility of receiving the assistance of an expert (arbitrator or mediator) on the subject at hand.
In Chilean legislation, certain issues are a matter of mandatory arbitration or mediation, but the general rule is that such matters are voluntary. Essentially, any kind of private conflict may be submitted to arbitration or mediation, particularly, controversies relating to commercial partnerships, copyright, exports, insurance, construction, infrastructure, energy, maritime affairs, banking, finance, securities, among others.
Cases of mandatory mediation may be found in (a) family law, in matters regarding tuition and alimony, custody and visitation rights; (b) tort claims against hospitals or clinics in the public assistance network; and (c) conflicts regarding royalties from copyrights administrated by collective entities.
The most important cases of Mandatory arbitration are controversies relating to (a) joint-stock companies and (b) liquidation of collective corporations.
With regards to arbitration, it is important to note the existence of a dual regime. The first system, related to national arbitration, is governed by the rules of the Code of civil procedure and domestic court regulations. The second system, regulating international arbitration, is governed by Law Nº19.971, which closely follows the provisions of UNCITRAL model Law.
An important issue regarding international arbitration is language. Before Chilean law, in certain cases it is possible for any party to submit a review of an award before the Court of Appeals. Chilean Courts do not speak English and will only accept official translations from the Foreign Affairs Ministry, which are expensive and time-consuming. For these reasons, parties should conduct their proceedings in Spanish.
In Chile, the main institution providing both arbitration and mediation services is the Santiago Arbitration and Mediation Centre (CAM), of the Santiago Chamber of Commerce. In addition, other bodies include the National Centre of Arbitration (CNA) and the Controversy Resolution Centre for the Web Domain, an institution of Network Information Centre (NIC) of Chile.
Attorneys aid prospective clients with legal guidance and counsel, in the case of mediation. In arbitration, they tend to have a lead role, presenting claims, defences, evidence, petitions for review, and generally, any submission necessary to attain the client’s goals through an award or agreement with the assistance of the arbitrator.
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Cities
Fernando is one of the founding partners of Barros Silva Varela & Vigil. He is in charge of the litigation practice and resolution of civil, commercial, national and international disputes. In addition, he has experience and is actively involved in other practice areas, such as corporate affairs, project financing and the development of corporate structures. PRACTICE AREAS - Litigation and Arbitration. - Dispute Resolution. - Project Financing. EDUCATION - Law, Pontificia Universidad Cat&...
José Manuel has a vast experience and recognition in the Chilean legal market. He has acted as counsel for multiple companies in antitrust matters, litigation and arbitration in the most diverse markets, including the dairy industry, salmon, energy, mining, construction and infrastructure, telecommunications, retail, consumer, medical supplies, supermarkets, cement and steel, among others. He has also represented public companies and industry bodies in litigation matters. His activity ...
Chairman of Carey. His practice focuses on corporate and business law, mergers and acquisitions, project finance, and international arbitration. Education Law, Universidad Católica de Chile (ranked highest in his class – Tocornal, Montenegro and Gutiérrez Alliende Awards). Master in Comparative Jurisprudence, New York University (Fulbright Scholar). Activities and Memberships Conciliator of the Center for the Settlement of International Investment Disputes (ICSID) in Washi...
Partner of Carey and co-head of the firm’s Litigation Group. His practice is primarily focused on the areas of litigation, national and international arbitration, corporate law, securities, and business law. Education Law, Universidad Católica de Chile (admitted with the school’s highest entrance score in 1987). LL.M., Harvard University (Fulbright and Presidente de la República scholarships) (1997). Best Student Award (1987 - 1991). University Merit Award for being ...
Founding partner at Fleischmann & Román Abogados. Between 1997 and 2004 he worked in the law firm Aldunate y Cia., where he became partner of the firm. In 2005 he joined as a partner at Chadwick & Aldunate Abogados and, since 2012, he remained the main partner of Reymond & Fleischmann Abogados. In 2016 he founded Fleischmann & León Abogados, now Fleischmann & Román Abogados. He has specialized in civil and administrative law, domestic and international...
Partner of Carey and co-head of the firm´s Litigation Group. His practice focuses on civil and commercial litigation and administrative and environmental regulatory litigation. He also has experience in domestic and international commercial and investment arbitration. Education Law, Universidad de Chile (Summa Cum Laude). Outstanding Internship Award, Judicial Assistance Corporation (2000). LL.M., Columbia University (Beca Chile Scholarship) (2013). Pedro Nicolás Montenegro Award...
University Studies Universidad de Chile, School of Law, 1973. Montenegro Prize for the best graduate of his year, 1973. James B. Conant High School, Hoffman Estates, Illinois, United States of America, 1968-1969. Admitted to practice by the Supreme Court of Justice, 1975. Academic and Professional Activities Professor in Commercial Law, School of Law, Universidad de Chile, 1974. Author of Chilean and foreign publications. “Considerations about the principle of administrative legality&rd...
Experience Partner of Carey and co-head of the firm’s Litigation and Insolvency, Bankruptcy and Restructuring groups. His practice focuses on civil and commercial litigation, arbitration, bankruptcy and insolvency. Education Law, Universidad de Chile (Summa Cum Laude). LL.M., Duke University (Presidente de la República scholarship) (2006). Degree in Corporate Finance, Universidad de Chile (2010). LL.M., Universidad de Chile (candidate). Activities and Memberships Professor of Civ...
Rodrigo Riquelme has specialized in litigations and national and international arbitrations on infrastructure and construction matters related to the public and private sectors. Director and partner of the Chilean Society of Construction Law. Specialty is public and administrative law. His practice in public law includes advice in public contracts, private and public concessions, sanitary concessions, administrative law and public law in general. Dispute resolution in domestic and internation...
Partner at Fleischmann & Román Abogados His professional practice has focused on civil and commercial litigation, insurance and arbitration. Lawyer of the Pontificia Universidad Católica de Chile. Master of Law at the same university (2009-2010). He has published several articles and has taught various classes and exhibitions in subjects of his specialty. Part of his teaching experience includes: Professor of Procedural Law at the Pontificia Universidad Católica de Ch...
Jorge Schenke focuses his practice representing clients in complex negotiations and litigation in civil, commercial, administrative, and constitutional matters with a particular emphasis on contractual and extra-contractual civil liability, stock market, corporation law, directors' liability, shareholders' and company partner rights, liquidations & reorganizations of companies and individuals, conflict resolution between community members, constitutional requirements, and actions, among o...
Enrique Vergara Vial holds a lawyer license from Universidad Diego Portales, Santiago de Chile, and a Master in European Community Law from Universidad Autónoma of Barcelona, Spain He is an expert in competition policy. He has worked on public institutions in Chile including relevant positions. He was the President of the Competition Court since May 2016 up to May 2022. Previously, he held the position of Judge in the same court since May 2012 up to 2016. Before that, he acted as a Nat...
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