Interpretation of international arbitration agreements

Introduction  As with any other contract, general rules of interpretation are crucial to ascertain the scope and  reach of arbitration agreements. This is especially important regarding non-exclusive arbitration agreements, which submit all  disputes to arbitration, but include carve-out provisions that reserve the parties’ right to go to court in respect of certain types of claim […]

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New competition control procedure for mergers introduced

Competition & Antitrust Chile Introduction As of June 1 2017, the national economic prosecutor (FNE) will undertake a control procedure for merger operations before they begin. The latest reform of the Competition Statute (DL 211) introduces a control procedure for merger operations that have effects in Chile. According to the standards established by law, the […]

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New guidelines on leniency in cartel cases enter into force

Introduction On March 27 2017 the National Economic Prosecutor (FNE)’s new Guidelines on Leniency in Cartel Cases, which replaced the previous October 2009 guidelines, entered into force. The guidelines set out the criteria and internal procedures that the FNE uses to: apply the Competition Statute (DL 211); provide legal certainty to parties wanting to obtain […]

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Competitive edge: changes to antitrust law introduced

Introduction On August 30 2016 a new law was enacted introducing numerous changes to Decree-Law 211, which establishes Chile’s antitrust regulation (Law 20,945). The reform was introduced while the country attempts to reform its institutions in order to prevent and punish effectively anti-competitive practices. In addition to the crackdown on cartels and an increase in […]

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Arbitration, public policy and procedural law

Introduction In international commercial arbitration, parties have the freedom to choose the governing law applicable to: the substance of their dispute; the arbitration agreement; and the arbitral proceedings. In relation to the last point, it is important to remember that “[t]he choice of a procedural law of the arbitration does not refer to the local […]

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