Interim Measures and Emergency Arbitration in Chile

Paz Arriagada.

2022 Investment Arbitration Outlook Uría Menéndez, n.º 9

In the past fifteen years, Chile has become a leading arbitration hub in Latin America due to its constant legislative and judicial commitment to promoting and protecting alternative dispute resolution methods.1 As a result of its pro-arbitration approach, Chile is considered one of the most attractive arbitration venues in the region.

Chile has been a particularly appealing venue because of its courts’ readiness to collaborate with arbitration proceedings. However, Chilean case law shows that there are significant obstacles to consolidating the pro arbitri approach when it comes to interim measures in support of international arbitration.

This article focuses on three different scenarios regarding interim measures: one, measures ordered by foreign arbitral tribunals to be enforced in Chile; two, measures requested in Chilean courts in support of international arbitrations with a foreign seat prior to the constitution of the arbitral tribunal; and three, measures ordered by emergency arbitrators to be enforced in Chile.

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