ADR & the Law - 21st Edition - Hardcover
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Chapter 12 - Preview Page
New International Alternative Dispute Resolution Legislation and Rule
LAW NUMBER 19.971
ON INTERNATIONALCOMMERCIAL ARBITRATION
Having considered that the National Congress has approved the following bill:
Article 1 – Scope of Application
1. This Law shall apply to international commercial arbitration, notwithstanding any multilateral or bilateral treaty in force in Chile
2. The provisions of this Law, except for articles 8, 9, 35 and 36 shall only apply if the place of arbitration is in the national territory.
3. An arbitration is international if:
(a) The parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States, or
(b) One of the following places is situated outside the State where the parties have their place of business:
(i) the place of arbitration, if it has been established in the arbitration agreement or in accordance with the arbitration agreement;
(ii) the place where a substantial part of the obligations of the commercial relationship or the place with which the subject-matter of the dispute is most closely connected; or
(c) The parties have expressly agreed that the subject-matter of the arbitration agreement is related to more than one State.
4. For the purposes of paragraph 3. of this article:
(a) If one of the parties has more than one place of business, the place of business will be that which has the closest relationship to the arbitration agreement;
(b) If one party does not have a place of business, his habitual place of residence shall be considered.
Chapter 12. New International Alternative Dispute Resolution Legislation and Rules
Arbitration Law of Chile (2004)
European Union Directive on ADR
United Kingdom Employment Act 2002 (Dispute Resolution) Regulations 2004
The American Arbitration Association, ® (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.