Litigation & Arbitration

The International Chamber of Commerce has opened the door to an expedited arbitration procedure that will allow proceedings to be conducted more quickly and reduce costs where the disputed amount is not above two million dollars. This procedure includes measures such as the appointment of a sole arbitrator or the absence of a hearing or examination of witnesses. Though it simplifies steps, there is a certain amount of concern that some of these measures may be seen by the losing party in an international arbitration proceeding as a potential reason for setting aside the award. In this article the author takes a look at the new scenario from the standpoint of Chilean legislation and the decisions of the Chilean courts.

Before incorporating a standard multi-step dispute resolution clause, it is worth considering if a phased system actually satisfies the needs and interests of the parties and if so, be careful in drafting said clauses to avoid potential practical problems.

The most relevant arbitration institutional and other news from the global International Arbitration and ADR practice group at Garrigues. 

The most relevant Asia Pacific updates from the global International Arbitration and ADR practice group at Garrigues.

The most relevant updates from Middle East and Africa from the global International Arbitration and ADR practice group at Garrigues.

The most relevant European updates from the global International Arbitration and ADR practice group at Garrigues.