Santiago Arbitration and Mediation Center

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[edit] General Information

  • Official name: Santiago Arbitration and Mediation Center
  • Country: Chile
  • City: Santiago
  • Type of organization: non-profit institution
  • Date of creation: 1992 (Arbitration) – 1998 (Mediation) – 200- (International commercial arbitration)
  • Interests: Arbitration - Mediation
  • Fields of expertise: Legal and Business disputes

[edit] Description

The Santiago Arbitration and Mediation Center (CAM Santiago) is a non-profit institution founded in 1992 by the Santiago Chamber of Commerce (CCS) with the backing of the Chilean Bar Association and different areas of the Chilean Confederation of Production and Commerce. CCS is in compliance with the law governing trade associations and is registered with the Ministry of Economy.

Since its foundation, CAM Santiago offers arbitration and mediation for the resolution of domestic and international disputes, the purpose being to provide legal certainty and efficient solutions to the business and legal communities in Chile and abroad. Nearly one thousand cases of arbitration have been conducted by the arbitrators of CAM Santiago involving more than two thousand companies and law firms. CAM Santiago has become an undisputed benchmark for dispute resolution in the country.

In 1998, the Center added mediation to its services, consisting of a voluntary method of dispute resolution through which the disputing parties negotiate directly, assisted by an expert and neutral mediator who helps them communicate effectively and design creative solutions to their problems.

Starting in 2006, CAM Santiago extended its services to international commercial arbitration in order to resolve disputes in legal relations between parties from different countries, on the basis of its experience and the enactment of Law 19971.

Throughout its history, CAM Santiago has undertaken numerous projects and activities to spread and strengthen alternative methods of dispute resolution, such as the publication of decisions by the Center’s arbitrators, academic activities and the creation of an electronic system that tracks arbitration and mediation cases.

As regards its international presence, the CAM Santiago was appointed as the Chilean Section of the Inter American Commercial Arbitration Commission (whose Spanish acronym is CIAC), currently based in New York.

The Inter American Development Bank (IADB) granted its support to the CAM Santiago’s project for extending its array of arbitration and mediation benefits onto a national coverage. This collaboration and support has become a Programme for “The Expansion and Furthering of Commercial Arbitration and Mediation” (1999-2003) and “Strengthen E-Commerce Security and Trust” (2004-2007) for the development of high technologies for the online administration and follow up of arbitration and mediation cases.

[edit] Mediation

Mediation by CAM Santiago gives the business and legal communities a fast, economic and effective alternative in resolving their disputes. Agreements satisfactory to all parties can be reached while protecting commercial and personal relations.

This mechanism is voluntary and the disputing parties negotiate directly with the aid of an expert, neutral mediator who will help them communicate effectively and generate creative solutions to their problem. The mediators of CAM Santiago have been trained in negotiation and mediation techniques according to the Harvard University methodology.

The mediation is conducted according to the Rules of Mediation Procedure of CAM Santiago, which give preference to efficiency, celerity, flexibility and the utmost confidentiality. Model clauses must be used to include mediation by CAM Santiago in the mechanisms for dispute resolution in a contract.

[edit] International Arbitration

Nowadays international arbitration is the system for resolution of international trade disputes most frequently used in the world considering the complexity of cross-border business means that experts in the area must resolve conflicts arising from transactions in the shortest time possible.

Thanks to the publication in September 2004 of the Chilean International Commercial Arbitration Law (N° 19.971) based on the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law (UNCITRAL), CAM Santiago launched in 2006 an international arbitration service.

International arbitration allows the parties to choose a “tailored” method of resolution, which translates into the possibility of choosing the governing law, the language in which the demand will be heard, and the location of arbitration, among other aspects.

Arbitration is at this time widely used to settle commercial disputes rapidly, flexibly and confidentiality. The arbitrator, appointed by mutual consent of the parties or by an Institution, acts as a judge and resolves the dispute by a final and binding decision.

[edit] Contact

Monjitas 392, 11th floor, Santiago - Chile

Phone: (562) 3607015

Fax: (562) 6333395

Email: camsantiago@ccs.cl

Official Website

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