Maritime Arbitration in Chile: A Proposal for Discussion

Abstract

This article analyses maritime compulsory arbitration, instituted in Chile by the amendments made in 1988 to Book III of the Commercial Code —absent any agreement to submit to ordinary courts—for the resolution of disputes arising out of navigation and maritime commerce. This regime was designed to afford an expeditious, specialized, and confidential conflict resolution mechanism for controversies within the maritime sector. Nevertheless, in the absence of consensus between the parties, the arbitral procedure resembles litigation before ordinary courts and is subject to outdated procedural rules, thereby diminishing the inherent advantages of arbitration. This article examines the strengths and principal shortcomings of the maritime dispute resolution system; and advocates for the advancement of institutional arbitration to enhance efficiency and align with international standards.