Cristian Aravena

INTERNATIONAL COMMERCIAL ARBITRATION

Evaluations
Case evaluation: drafting a memorial.
- May 4 liberation of the case.
- May 21 (Sunday) State of claim (claimants)
June 4 (Sunday) Statement of defense (respondents)
- June 22 exam Hearing
- June 15 Written test: based on substantive topics

Content

 Introduction to ICA
 The international Arbitration agreement
 The arbitral tribunal
 The international arbitral procedure
 Interim measure
 The international arbitral award
 Add-on: legal drafting and tips

Justification
International Arbitration is the dispute settlement mechanism used per excellene in the world of
international commercial business. International trade in last 30 years has been an increasingly
amount of international trade and business, big companies have different holding in different
countries and we don’t have an international court dealing with international trade disputes.
When this dispute happens usually go to the domestic jurisdictions to litigate. They appoint an
arbitral tribunal that is international an solves it in an international way.
The existence and acceptance of international arbitration is mainly due to the absence of an
inter.state jurisdiction under private law.
International commercial arbitration
Does not include international investment arbitration (International public law)

 State to state arbitration

 Investor state arbitration
Definition
Is a particular legal dispute resolution mechanism in which the parties agree to comply and
respect the decision adopted by one or several indirectly or directly appointed person acting
outside public settings.
Essential elements

 Agreements of parties: to take out from national courts where they are entitled to
litigate in order to submit the dispute to appointed arbitrators.
 Private mechanism: outside of domestic courts and state jurisdictions and public
institutions.
 Final and binding decision: final as they cannot bring this dispute to another tribunal,
binging parties must comply with it. Whatever the tribunal decides they will comply
with it. If they don’t agree with the decision (ex violation of due process), there is a
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challenge for the award (recourse for annulment) but on specific grounds, but is not
related to the merits.
 Arbitrators appointed by the parties:
Is not arbitration.

 State court adjudication

 Binding advice
 Mediation
 Others forms of ADR (dispute boards1 or others)
International or transnational?
Some are talking about transnational, since there have been some new tendencies that the
traditional idea is international for something that has presence in more than one state, but
always in relation to a particular state, always depending on the laws of some countries. But
some say that this is not ideal, so they call it a transnational order beyond state, transnational
institutions and tendencies trained to deallocate arbitration from that seat and completely
separate domestic jurisdiction to arbitration. Valentina believes that is necessary to connect to a
seat to a certain country and also enforce them, always in a country.
Advantages

 Speed in the administration of justice: faster and cost efficient than litigation in
domestic courts. Some institutional rules as ICC even have expedited procedures, also
emergency arbitrators (interim measures). But there can be ones that can last long.
Some doctrine that states that this is not entirely true cause parties have means to delay
arbitration (guerrilla tactics).
 Flexibility in the arbitration procedure: principle of party autonomy, parties can chose
the procedure for the arbitral tribunal to solve their dispute, they can do it in arbitration
agreement, or by choosing rules or do it later when the procedure has already started.
 Personalized and specialized justice: personalized means they can chose the person of
the arbitrator, they want to look for someone who knows the substantive law of the
contract (continental based law or common law based law), also they can know the
party, have experience litigation in an specifically jurisdiction, or any other
characteristic. Specialized is related to the industry, as oil, gas, electric,
telecommunication, software implementation industry, that they know the industry.
 Confidentiality: businesses, enterprises, licenses. you don’t get to see who decides what
and in what terms.
 Enforcement of arbitral awards: the convention of New York of enforcement is one of
the international treaties signed by most countries and is the main rule, it states that
internal arbitral awards are directly enforced In any signatory country.
 Neutrality: in a lot of aspects or arbitrations, as nationality of arbitration, applicable law
of the contract and the procedure, seat of arbitrator. All this improves neutrality.
Disadvantages

 Economic costs: private mechanism of DR, good arbitrators and lawyers are costly to
pay, also institutional arbitrators.
 Lack of publicity and transparency: highly debated whether its so good to have
confidentiality. Publicity means that appointments, cases and arbitral awards are

1
Is a board of members some of them layers or other professions that take part of a contract from the
beginning, they help woth the resolution of disputes when they arise.
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confidential. This can hinder or make harder the evolution of international arbitrationl,
they decide based on the facts of the case, not much case law and tendencies.
Transparency is highly debated, because states are parties, they have duties of
transparency to their citizens, but more states are parties as state entities to international
arbitrations
 Split baby? Solomonic decision, it has been said that arbitrations is actually very
Solomonic but it something that in experience is a disadvantage more theorical, more
writing than in practice. For Valentina is not a real one.

Applicable rules to International Commercial Arbitration

International instruments

 NY convention on recognition 1958: it deals not only with recognition of awards, but
also of arbitration agreements.
 Inter American convention on ICA Panama 1975: Chile has signed both and are
practically the same.
UNCITRAL instruments (united nations commission on international trade law)

 Model law on international commercial arbitration (1958/2016): the law that most
countries that want to stimulate ICA take.
National laws (depends on the seat of the arbitration, the date of enforcement, capacities of the
parties, formation and validity of the contract, and different law s governing).
Soft law: groups of directives, guidelines that are not binding, prepared by international
institutions, and can be used as custom)

 IBA Guidelines on conflict of interest in international arbitration: what are the relations
that a party and arbitrator can have in order to maintain neutrality and independence.
 IBA rules on taking of evidence in international arbitration: IBA rules advantages: Mix
of common law and civil law systems. In common law exists “discovery”, ask in party
to show me all the documents. IBA rules found a middle ground in which you can ask
for documents or categories of documents complying with certain requirements.
 IBA rules on party representation
Institutional arbitration rules
When they decide that arbitration is administered by arbitral institution, ICC, CAM Santiago,
Permanent court of arbitration, Stockholm. Some can need new institutions (ICC added
emergency arbitrator).
08/05/2023
The course will be about the stament of claim and defense, max. 20 pages. as for them,
recommentdation, do a scheme of the sections that you will argue and draft. Is not a paper, own
your position and defend it. Why these facts led you to that conclusion. There tare some usual
points: first draft a summary or narrative of the case (on this date…). Then a section dealing
with eventually jurisdiccional issues. Address those arguments on an assertive way. Learn how
to do an statement of claim, be consistent.
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Regarding drafting tips: titles and subtitles are a good. Show that you can separate arguments,
merits from jurisdiccion, separate arguemtns and develop them, each of them. Assertive, brief
and go to the point.
System of HIRAC , implement it on every section.
- H for heading (summary of fcts, arbitral tribunal has jurisdiction, respondent has
breached the contract)
- I for introduction: two types, one of the section, facts don’t really need it, but
jurisdiccion yes, one intro for what three issues you will address, and in each of these
you have HIRAC.
- R for rule: what legal rule are we applying and a legal standar, can be a text of a
convention, or doctrine (as abuse of rights, good faith).
- A for application fo the rule to the facts, the main part of the section. As a respondent
you can controlver the applicable rule, or discuss why even tough you agre I the legal
standar, you analice the facts in a different way and them do not meet the requitements
for the legal standard to be applied.
- C conclusion, given that we have demonstrated that … we can conclude that the arbitral
tribunal has jurisdiccion, or responden breached the contract, or that rule is not
applicable. In the intro you are advancing your conclusion, in the conclusion you
confirm it.

- Font Garamond 12

- Space 1.5, space between paragraphs 6 up

- Justified
After 0 before 6. One idea per sentene. Don’t over use adjectives, chose one. Short paragraphs.
Be schematic
Facts, juridicicon, merits and RFR. Paragraph that will say, in this memorial we will adrees this
issues and bulletpoint,

May 11/05
International Arbitration Agreement
Arbitration agreement

 Foundation stone of interntional arbitration. Parties autonomy pple, have to consent to

submt their dispyest, without AA there is no arbitration.
 Cornerstone of international arbitration
Definitiion article II (1) NY Conventiion: Each contracting parties shall recognize
Definition article 7 (1) UNCITRAL Model law (and Chilean Law 19.971)_ arbitration
agreement is an agreement by the parties to submit

Difference: NY is an international al treaty an mandatory for those who signed it, substantive
law, and interpreted by international public law. The Uncital model law is more like a model
drafted by the uncitral, for states to govern and regulate international arbitration, many countries
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have internartinal arbitration law that are quite similar to the UNCITRAL. Depends on how
countries have adopted it.

1. Subitm all of their dispuest or some: party autoniomy, they decide, material scope of the
AA
2. Arisen from a particular legal relation whether or not contractual: some non contractual
issues like negotiation faith.
3. Current, present, actual or future. Usually the AA will be in the contract, and theres not
dispute yet.

Fromation, validity and legality of AA

Arbitration agreement must be in writing.
CNY article II (2). The term “agreement in writing” shall include an arbitral clause in a contract
or an arbitration agreement, signed by the parties or
UNCITRAL art 7 (2) and (3). More modern and peacefully accepted that even tough they don’t
refer to emails, they apply.
Other way of having it is if a party brings a clam in an arbitral tribunal, and the other party
responds without jurisdictional objection, it has consented.
CNY ,¡ minimum or maximum standard? If it minimum the states parties to it couldn’t agree to
leeser them than on the convention, the NY has set a minimum, not under that. Or some say that
it states the maximum standard, no more formal requirements than those. Vale says that in some
countries is more popular the maximum standard, France does not reequiere it to be in writing.

Principles and effects of the AA

Separabilty of the AA. Separabiltuy means that an Abtratio privision on a contract is regarded
as independent of the contract that contains it. If in the dispute the validity or legality of the
contract is in question, the fact that if its declared non validad, not necessarily affect the
arbitrarion clause.
Two concepts , enforcement as whether the existence of an AA is mandatory for tribunals to
apply, and jurisdiccion issues, who decides whether the AA is valid.
Articicle 16 (1) UNCITRAL law

Kompetenz-kompetenz principle – also refers to execution and enforcement.

Positive effect: gives the arbitral tribunal the jurisidcicon to decide on its on jurisdicciont, even
if the are objetions to the excistence or validity of the AA.
Article 16 (1) UNICTRAL model law: the arbitral tribunaol may rule on it on jurisdiction
Negative effect: if a claim, which has been submitted to arbitration is brought before the state
court, it must refrain from hearing the case and must refer the dispute to arbitration. Contracting
states and domestic courts must refrain from hearing the merits of the case. Exception, unless
the arbitration agreemt is null and void, ineffective or unenforceable
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UNCITRAL MODEL LAW article 8(1)

NYC article II (3)

Negative effedt review by state courts

Doctrine says that what can of review shpukd the state court make of the AA: prima facie or in
depth, Tomolugen holdings v. silica Invesors.
Prima facie review
Full merits approach
Singapore court: prima facie

 It is not clear if it’s a prima facie review or not so it has to be left to the state courts to
decide. To reach this conclusion it went to the history of the model law, in art 8 says
that court should refrain.,, unless it find that it is manifestky null and void.
 Coherence with the singapire international arbitration act, the way that the IAA adted
the model law.
 Consistency with the kompetenz kompetenz principle

Objective / material scope: ratione materiae

The scope of an AA refers to the type and scope of the disputes submitted to arbitration
As a general rule, the parties may submit to arbitration all disputes arising out of a legal
relationship
Notion of arbitrabilty/non-arbitrability
Arbitrability: refers to disputes that canmot be submitted to arbitration.
Goes to the validity of the arbitration agreement: if the dispute is non.arbitrable, the arbitration
agreement is not valid.
Usually depends on each national law (chile: artivles 229 and 230 COT). The national law can
be the state of the substantive law applicable to the contract, or the state of the seat of the
arbitrator, or the state on which the award is requested to be enforced- SCOTUS: an issue is not
arbitralve when the parliament has stated that an issue is not arbitrable, some kind of express
prohibition. EU exitnece or validity of intellectual property rights. However the tendency is for
more and more issues to be arbitral. Who decides if its or not arbitrable, depends on where the
claim is brought but tendency is to uphold kompetenz kompetenz principle, the arbitral tribunal,
unless its manifest
Notion of public order
Not when can subimted or not, but if they recognize an AA that…. A lot of challenges of
awards says that this award goes againt public Chilean policy

 There is not univocal concept

 Each state has their own concept of public order or public policy
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 Transnational public order – France some jugements says that they should detach IAC
from national public order, they shpudl regulate a transational public order beyond of
what states decides.as transnational corruption or smuggling (soleymany)

15/05
Subjective scope ratione personao
Analisis of who is bound by the AA and who has to fullfill the obligation to go to the arbitral
jurisdiction or the negative obligation to not going to domestic jurisdiction. Increasingly
international trade is getting increasingly more complex and transnational, so theres not always
the traditional view of seller vs buyer, but we see more transnational and more complex
contractual schemes in order to do nowadays international trade. When invlvers a lots of parties,
state entities, holdings, the arbitral tribunal will figure out which paties are bound by the AA. A
party can have 3 differentes positions vis a vis AA
Signatory party: has expressed its consent to arbitrated, has signed by hand the contract that
contain the AA
Non-signatory: parties that despite not having signed by hgand the contract, due to certain
circumstances can be bound by the AA
Third party: is not bound by the AA. He has not signed the contract that includes the arbitration
clause, and there are not

General rule: only parties that have consented to AA are bound by it. Non singatores can be
considered as having cosnentged even not having signed it.
Exception (or not) extension to non signatories. But the concept implies the idea that youre
extending AA to people that not signed, but the reality is that we are detemmining the subjective
scope of the AA.

Extenson to non-signatories
Doctrine and case law has created this dogmatic figure, but some of them are no necesarulu
extension but precision of who is bound by the AA. Some of them are created by the legal
standing of common law, and some of civil law.
Incorporation by reference: this theory allow a non.signatory party to arbitrate against another
oarty who has entered into a contract containing an AA, to the extent that both parties have
entered into a separate contract in which the AA is referred to and incorporated.
Requieremtnes: that there is one instrument referring to the other, and that the latter document
contains an arbitration clause. Usually happends in sells and purchase orders. Buyer and seller
sign a sell agreement on wine, but buyer says that it can give a monthly amount, they do it by a
purchase order. That purchase order usually will not have aAA but if the sells agreement in
Theory of implied consent: based on the fact that an AA can be extended to a non signatory
who impliedly consented to it through their participation in the negotiation, execution,
performance and or termination of the respective case.
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Dale case: illustrative of the theory of implied consent and the difference of how common law
and continental law approach this. In this case we had a Saudi arabian company that signed an
MOU with the government of Pakistan. In virtue of the MOU, Dallah signed a contract with a
trust made by the government of Pakistan, but the government changed and by law dissolved
the trust, so dallaw started arbitration agains the government based on the fact that Pakistan had
participated directly in the negotiation and execution, mainly the negotiations and termination,
because they dissolved the trust. The arbitral tribunal agreed and concluded that it’s a party of
the AA. The AA was in the contract with the trust. Dallah wanted to enforce it in England (ther
were the assests of Pakistan) and they said that the government of Pakistan is not a party to the
contract. The government of Pakistan went to the seat of the arbitration to challenge the award
said that it is a party.
Group of companies theory: an AA cluncluded by a company can bind the affliliates or mainly
the parents of the same company group, as they are part of a single economic reality.
Dow chemical case: every time that extension to non singatry is used they use this case.
Theory of alter ego or lifting of the cororate veil: high standard, you need fraud or abuse of
rights. Criteria: when theres an undercapitalization of the company, or failirue to comply with
corporate formaily
Theory of related contracts: a party will be bound by an arbitration clause in a parallel contract
when there is an economic connection between that instrument and the one actually signed by
the non-signatory party.
Theory of stoppel: benefited from the contract,
Theory of the existemce of third partiy beneficiaries under the contract

Drafting of arbitration clauses

IBA guidelines for drafting international arbitration clauses (2010)

 Choice between institutional arbitration vs ad hoc arbitration: the selected rules will
provide the procedural scheme for the arbitration. If the parties choose to institutional
arbitration, this, as a general rule, implies the selection of the arbittation procedural
rules of that arbittrral institution. If the parties chose ad hoc arbitration, the may i) select
arbittation rules developed for non-administered arbitration (the arbitration rules of the
UN commission on international trade law or ii) create their own.
 Selection of arbitration rules
 Determination of the disputes submitted to arbitration Material scope: determination n
of the disputes submitted to arbitration: the scope of and a ittrtion
 Determination of the language of the arbitration : language of the contract and relevant
documentation, language of potential arbitrators, times and consts impatcs of translation
of documents and witnesses.
 Selection if the seat of the arbitration: will determine of the arbitration itself, not
confuse the law applicablr to the contract, the substantial law, with the lex arbitri, the
law that governs the AA and the arbitration itself. It determinaes the jurisdiction pf the
national courts of the seat in a numer of matters outside the jurisdiction of the arbitral
tribunal, such as: review of the arbitrators decision declaring jurisdiction as a
preliminary question, grating of interim measures of protection prior to the constitution
of the Arbitral tribunal, taking evidence in domestinc courts if necessary
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Practical considerations for the choice of the seat

 Choice of a neutral place in relation to the parties.

 Availability of locations of hearings
 Sophistication or at least realiabilty of the ordinary courts at the venue
 Familiarity of the parties with the language and culture
 Case law on setting aside arbitral awards and other arbitration issues

Number of arbitrators
Usually one or 3,
Appointment of arbitrator
Law applicable to the contract
Optional elements: the authority of the tribunak, production of documents, certain
confidentiality issues.
Multi tier clauses: prior periodo of time of amicable discussion, negotiation or mediation. What
happens if doesn’t fullfil the stages? Can imply lack of jurisdiction, consent was subject to these
steps, others considered it as an admisibilty issue
Pathological clauses: usually do not express clearly the intention of the parties to arbitrate
Clase extra matias
1. Cuestiones juridiccionales o procesales
2. Cuestiones del findo de la disputa
Identificar primero cuales son los pintos que debems tratar en cada una de estas áreas,
adelantarse a las posibles obkecones en cuestiones procesales. Hay una clausula arbitral, ver las
razones por las que la contraparte diga que la clausula no es aplicable en esta disputa: hacer una
análisis sobre el ámbito de aplicación objetivo y el subjetivo. Encontrar mecanismo en que
incluso si la parte no firmo el contrato si puede ser parte del arbitraje (ver teorías theory of
exrension)
Estar atentos a contratos de concesión que incluyen materias de orden publico, ver y analizarklo
En el fondo, ver fuerza mayor. Además, la constructora esta alegando un anticipo. Ver dentro
dde la ley aplicable, siempre tenerla a mano. Estamos imputándole obligaciones a una parte que
no firmó. Teoría muy parecida a la del levantamiento del velo, ver cuando se puede asumir
obligaciones cuando existe mala fe.
Ver modificiacion contractual y fuerza mayor. Solicitamos una acción dererminada, demostrar
sus requisitos, además el incumplimiento
Case law: buscar extensión of the arbitral agreement, ver texto de Cristian conejero de la
extensión de la clausula arbitral.
Otro tema a abordar, explicar bien la industria, cuantos hitos se cumplieron, la naturaleza del
contrato de construcción EPC, se genera una oblihgacion de resultado, investigar como
funcionan ciertas circunstancias sobrevinientes en los contratos EPC.
Valentina.alamo@cuatrecasas.com
Cristian Aravena

Matias.gonzalez@cuatrecasas.com

May 18
The arbitral tribunal
In others types of tribunal there’s a pre stablished court, in an arbitral tribunal you have to
constitute the tribunal for the resolution of the dispute.
No arbitration is any better that the arbitral tribunal. The parties have a right to appoint an
arbitrator. This is the main decision that lawyers In the field have to make, the choose of the
arbitrator. If a clients come and says want to present a request of arbitration, and have to choose
an arbitrator, you search for the right person to solve the dispute.
Appointment of the arbitral tribunal
General principle: party autonomy
Number of arbitrators: standard practice: 1 or 3. Time and costs issues, also the amount of the
dispute. In complex disputes as construction is more usual a 3 member tribunal.
Appointment of the arbitrators: general principle: parties can choose the person of the arbitrator,
and also parties can agree the mechanism of the appointment of arbitrators, parties can or must
choose the appointment authority (someone that I pick and will choose the arbitrator), and
institutional rules and lex arbitri provides regulation if the parties do not agree on the
appointment (ICC rules).
Replacement of arbitrators: parties can agree on the substitution of arbitrators mechanisms, and
institutional rules and lex arbitri provides regulations if the parties do not agree on the
appointment. Can be because they have a compromised interest in the dispute, or if one the the
arbitrators quit.

Independence and impartiality

Independence is an objetvie standard. There are some non ecxhaustive grounds states that when
theres a relationship between the parties or with the arbitrator you can start an challenge
procedure (relatives, the arbitrator invested into one of the parties).
Impartiality:

The standard is
Duty of revelation article 12 Model Law
When a person is approached in connection with his possible appointment as an arbitrator, he
shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or
ondependece. IBA rules of conflicts of interest.
Opportunity: appointment/all the tribunal proceeding.
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Challenge founded in the revelation of the arbitrators: theres no exclusive grounds for the
challenge of an arbitrator. Standard: “an arbitrator may be challgenged only if circumstances
exist that give rise to justifiable doubts as to his impartiality or independence.
Iba guidelines on conflicts of interest in international arbitration (2014)

 Waivable red list

 Non waivable red list
 Orange list
 Green list
Challenge procedure: party autonomy, they decide the procedure, in the arbitrwtion clause, or
agree on the procedure in the acta de emission, and failing such agreement, the model law
applies, 15 days
Normas supletorias de designacion de árbitros article 11 model law
Nationality is not an obstale to the appointment of arbitrators (unlike in dometic arbitration,
where the arbitrator must be a lawyer licensed to practice law in chile
Powers of the arbitral tribunal
1. Determination of rules of procedure: parties have the power to decide the stages and
generally chose the following: statement of claim, statement of response, the joined and
rejoinder. Following the statements theres a stage of discovery and then the hearings,
after the hearing they have the conclusion statement, and themn the award.
2. Court ordered interim measures: article 17 model law. Unless otherwise agreed …
(suspension on the execution of the guarantees, emergency arbitration proceedings
3. Competence of arbitral tribunal to rule on its jurisdiction art. 16: the arbitral tribunal
may rule on its jurisdiction including any objection with respect to the existence or
validitu of the arbitration agreement.
May 22
International arbitration procedure
Main principles
Party autonomy: article 19 UNCITRAL model law: determination of the procedure
(1) Subject to the provisions of this Law, the parties are free to agree on the procedure to be
followed by the arbitral tribunal in conducting the proceedings. (2) Failing such agreement, the
arbitral tribunal may, subject to the provisions of this Law, conduct the arbitration in such
manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the
power to determine the admissibility, relevance, materiality and weight of any evidence.
The parties decide:

 The arbitral isntutution and the arbitration rules, which determines the procedural
framework,
 The place of arbitration, which determines the lex arbitri (law that governs all
procedural issues not agreed by the parties or not touched by the institutional
arbitration)
 The specific procedure to the particular arbitration.
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Minimal intervention of domestic courts

Article 5 UNCITAL MODEL extent of court intervention:
It establishes the recognition of the independence of arbittal tribunal to conduct the proceedings
and the independence of the arbitral tribunal in respect to domestic courts.
There are some exceptions to this rule,
Involvement of state courts:

 Involvement of the state courts prior to the constitution of the arbitral tribunal (for
example free arbitral interim measures that are urgent, sometimes the constitution of the
arbitral tribunal can take months, today there are some instittuonal rules (ICC) that
provides for emergency arbitrators, the appointment can be in a week, and the decision
in two weeks). Another example is the appointment of the arbitrator in ad hoc
arbitration, usually have to appoint an appointment institution, a domestic court.
 Involvement of state courts after the constitution of the arbitral tribunal and during the
arbitral proceedings for certain functions of arbitration assistance and supervision (art 6
UML). You ncan also order interim meuasures once its constituded, and also when
there are no rules to challenge of arbitrators, also In cases of jurisdictional awards,
Chilean law says that you can appeal if they deny jurisdiction. Another is help in
interrogating a witness, you can exhort the domestic court since the tribunal don’t have
compulsory powers.
 Participation of state courts ince the arbitration award has been issued. Once the
arbitration award is issued, the tribhnalis dissolved. You can rrequest or a setting aside
procedure to challenge the award because it is null and void, this will be in the seat of
the arbitration, or you can go to enforce the award before the state court of the place of
enforcement.
Equal trearment of the parties
Article 18
It happenes when claiamants ask a request for extension of tume to submit the claim, they have
the osoibility to present the case, defend it, present witnesses, in general the same oportunitys in
the procedure, is a right and a duty to the arbitral tribunal. Challenge the arbitral award and
object it are some remedies.

Soft law instruments

Set some procedural rules for the conduct of the proceedings.

 Uncitral notes on organizing arbitral proceedings

 Iba rules in taking evidence in international arbitration
 Iba guidelines on party representation in international arbitral proceedings
 Icc in house guide to effective management of arbitration more directed to arbitrators

Initiation
An arbitration proceding start with the request for arbitration. Is the first procedural act (art 21
UML) when the respondatn has received… you also have this request in domestic arbitration, in
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cam santiago theres a form to request, in international arbitratioo you have to usually its longer
the request, it will depend on the applicable rules. Also can include the request of a coarbitrator.
It has certain requeriments depending on the applicable rules
Eventually, it must include the appointment of the respect co arbitrator
It must be notified and delivered personally to the respondent (directly or by the arbitral
institution,

Responde to the request of arbitration and counterclaim

The time limit depends on the applicable procedural rules (procedural rules or lex arbitri)
Eventuallu, it must include a counterclaim
Eventually it must include the appointment of the respective co arbitrator
Almost all arbitrations rules provides for an opportunity to respond to the cpuntercalim.

Mention the arbittation agreement, the seat of the arbitration if chosen by the parties, same with
the laws applicable to the contract (mainly for claimant) If they are not stated arties can propose
the languase, seat, etc.

Establishment of the arbital tribunal

 according to the mechanism agreed by the parties

 according to the applicable arbitration rules (institutional rules or lex arbitri)
some requirements for the arbitrator can be not that easy (experience in the field, studies)
determination of the particular rules of proceedigs

 arbitral tribunal will summon the parties to the first hearing, the case management
conference or CMC (audencia de condcicon del procedimiento). This is to determine
the applicable procedural rules for that particular arbitration. Also hear the postiton of
the parties in case of dissagrement with the terms of reference and procedural order.
 terms of reference or tor. Parties sing this terms, contain the applicabke rule in more
abstract and general way, the set of the arbitration (agreed or not), the constitution of
the arbitral tribunal, parties, representatives, summary of the petitions of the parties,
rules on confidentiality
 procedural order n. 1 and procedural timetable. Are the more specific rues of the
procedures (how will be the writing phase, exhibition of documents, hearings, witnesses
and its requirements, experts, evidence, ussyaly is settle that all the documents in which
you base your claim, have to be provided in the staitment of claim and defense itself).