(Español) Revista Capital – Edición N°474: Especial Legal “Fiscales AD HOC”
Sorry, this entry is only available in European Spanish. (Español) Revista Capital – Edición N°474: Especial Legal “Fiscales AD HOC”4.5 (90%) 2 votes
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 […]
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 […]
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 […]
Deference to parties’ procedural autonomy and due process
Introduction The autonomy of parties to agree on an arbitral procedure is a basic principle of international commercial arbitration. This principle is recognised in Article 19(1) of the United Nations Commission on International Trade Law Model Law, which states that “subject to the provisions of this Law, the parties are free to agree on the […]
Competitive edge: changes to antitrust law introduced
Introduction Chile has been working towards bringing reforms to prevent anti-competitive practices and punish those institutions that indulge in such practices. The new law introduced a lot of changes to Decree-Law 211 on 31st August 2016. Decree-Law 211 establishes the antitrust regulation (Law 20,945) in Chile. Apart from increasing financial penalties and cracking down the […]
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 […]
