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.