No doubt now, at least in Chile, international commercial arbitration has become a boom in the area of \u200b\u200blaw. Are lectures on international commercial arbitration courses, competitions, conferences, etc. However, how used is really the international commercial arbitration in our country and how application receives 19,971 Law on International Commercial Arbitration?
Today, seeking material for a project, I started reading the history of the Act No. 19 .971, and one of the arguments for its implementation in Chile (since this is a copy of the UNCITRAL Model Law) was to allow access of small and medium businesses to international commercial arbitration, as was otherwise too consideration for the latter. The other of the great arguments for passage of the bill was to make Chile a country that could be chosen as the venue for international commercial arbitrations.
Well, reading the history of the law - and even a few years ago thinking this, "today confirmed that the present draft law on international commercial arbitration on the grounds that" make it easier for small and medium businesses could use this method of settling disputes, "it was only a" revival "of the arbitration and mediation centers Chileans to put on the table, so" more friendly ", the fact that they wanted to provide services and thus make even more profitable business (Remember that some schools were those with Chilean Arbitration a "bill to" the executive). I do not argue that Chile needed a law of international arbitration (not to mention that urgently needed reforms in domestic arbitration), but to say that this law would facilitate the access of small and medium businesses to international commercial arbitration, as they would be held in Chile I feel guilty, and it is this innocence that makes me doubt.
may wonder why I say this. The reason is that I hope will be wrong. I wish it were so, "it is customary not to choose arbitration as the venue for the country of one party (for example, in an international sale.) Moreover, if we think that generally the Chilean especially small and medium businesses are the party with less bargaining power in contractual relations, it is evident that the counterparty-by-trust issue is not going to choose Chile as the venue of the arbitration.
So, today the law of international commercial arbitration and Chile will meet 7 years of entry into force and I do not see that Chile still has become the benchmark for international commercial arbitration throughout Latin America, at least not as expected.
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