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A. LEGISLATION AND RULES A.1 Legislation Chile has a dual legal framework in the field of arbitration. Domestic arbitration is ruled by the Organic Code of Courts and the Code of Civil Procedure (CCP), whereas international arbitration is governed by Act No. 19,971 on International Commercial Arbitration (“ICA Act”), which came into force in September 2004 and is mostly a replica of the UNCITRAL Model Law. Chile is also a signatory to the New York…

A. LEGISLATION AND RULES A.1       Legislation Chile continues to have a dual legal framework in the field. Domestic arbitration is ruled by the Organic Code of Courts (OCC) and the Code of Civil Procedure (CCP), whereas international arbitration is governed by Act No. 19,971 on International Commercial Arbitration (“ICA Act”), which came into force in September 2004 and it is mostly a replica of the UNCITRAL Model Law. Chile is also a signatory to the…

The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets out protections for investors of each TPP State and the mechanism for investors to bring claims in the event a TPP State fails to comply with these protections. A summary of those protections and the investor-state dispute settlement (ISDS) mechanism is set out below. What is protected? The TPP Investment Chapter protects investments made by investors of…

Important companies headquartered in Peru are nowadays investing in countries of the Pacific Alliance. This is the case of Alicorp and the Gloria Group in Colombia; Brescia Group in Chile; Belcorp in Colombia, Mexico and Chile, as well as Ajegroup in Mexico and Colombia. Likewise, several Chilean, Colombian and Mexican companies are investing in other member countries. Hence Peru, Chile, Colombia and Mexico not only currently receive foreign investment, but also export investment towards other…