Santiago as a Seat for International Commercial Arbitration
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Date
2017-07-27
Authors
Vial, Gonzalo
Blavi, Francisco
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
The seat of an arbitration is the jurisdiction in which the arbitration procedure takes place. The seat not only influences the law applicable to the arbitration, but its courts also exercise supervisory powers over the proceedings. Moreover, the seat of the arbitration determines the jurisdiction of the award for recognition and enforcement purposes.
The venue of an arbitration, on the other hand, is the location where the proceedings take place. Although the hearings, meetings, and deliberations may be held at the seat—or at any other location— the seat and the venue of an arbitration are typically one and the same. In fact, the venue usually determines the seat of an international arbitration unless the parties name another seat of the arbitration.
Description
26 pages
Keywords
Arbitration in Chile, Domestic Commercial Arbitration, International Commercial Arbitration
Citation
18 Or. Rev. Int'l. L. 25 (2016)