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PRACTICAL PROBLEMS IN DUALISTIC REGULATION OF ARBITRATION: CHILEAN CASE LAW ON THE CONCEPT OF INTERNATIONAL ARBITRATION
This article summarizes recent cases in which the Chilean higher courts had to decide whether the arbitration in question was international commercial arbitration. The purpose of this article is to illustrate some of the practical difficulties arising from the application of a dualist arbitration regime, through the cases that occurred in Chile. By examining four cases, it is observed how
determining the international character of arbitration can become complicated, leading either to classifying an international arbitration as domestic or to admitting a setting-aside action in a domestic arbitration case. -
REVIEW OF ATTRACTIVE SEATS FOR INTERNATIONAL COMMERCIAL ARBITRATION: A COMPARATIVE ANALYSIS OF THE REGULATORY FRAMEWORKS IN SWITZERLAND, FRANCE, U.K., U.S., SPAIN, CHINA AND CHILE
This article provides a comparative analysis of UNCITRAL model law, Chile’s regulatory framework and those of the world’s leading seats for arbitration (Switzerland, France, U.K. and U.S) as well as those of two emerging countries in the field (China and Spain). The study seeks to identify key provisions in international commercial arbitration and situates Chilean regulation in that context. The analysis sheds light on Chile’s opportunities and threats as it seeks to bolster its role as a seat of arbitration and the steps the country needs to take in order to consolidate its place on this particular international stage.
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Some notes on applicable jurisprudential trends to the regulation of arbitration established in the comprehensive treaty and progressive trans-pacific association (CPTPP / TPP-11)
This paper aims to provide an overview of the case-law trends of international investment tribunals, concerning the provisions governing the dispute resolution mechanisms for conflicts arising between investors and States in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. In particular, these notes address investment arbitration and are intended to provide notions regarding its preliminary requirements; the period of limitation of claims; waivers as a mechanism to ensure the exclusivity of arbitration; and; the possibility of Host States to file counter-claims.
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IMPORTANCE OF ARBITRAL SEAT AND CRITERIA FOR VENUE SELECTION
This paper reviews the topic of international commercial arbitration places from a general perspective, penetrating into the existing debate on his current importance and the criteria that must be considered in his choice.