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CHILE 2024-2
Corte Suprema de Justicia de Chile, First Civil Chamber, 27 July 2023, ROL no. 133313-2022
(Ashlock Company Division of Vistan Corporation v. ... Read more
Corte Suprema de Justicia de Chile, First Civil Chamber, 27 July 2023, ROL no. 133313-2022
(Ashlock Company Division of Vistan Corporation v. Procesadora Rengo SpA)
CHILE 2024-2
The Supreme Court granted leave to enforce a California award, finding that the respondent had been duly notified of the arbitration, the dispute was arbitrable, and exequatur would not violate Chilean public policy. Hence, there were no grounds for refusal under the New York Convention. The Court stressed at the outset that in the exequatur proceedings neither the merits of the awards nor defences to be raised at the stage of the award’s execution were discussed, the latter falling within the scope of the competence of the execution court.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.
Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.