Case 1087: MAL 34
Chile: Santiago Appeal Court
No. 2363-2010
23 July 2010
Original in Spanish

Abstract prepared by Maria Fernanda Vasquez Palma

[Keywords: arbitration award; arbitral proceedings; arbitrators]

An application for review of leave to appeal had been made against an arbitrator
who had presided alone over an arbitral tribunal held under the rules of the Santiago
Arbitration and Mediation Centre, in accordance with the International Commercial
Arbitration Act.

The Appeal Court ruled that the application was inadmissible, on the grounds that
article 34 of the Act (consistent with article 34 MAL) provided that annulment
proceedings constituted the only way of challenging a judgement handed down in an
arbitration of the kind described. This excluded the attempted remedy of complaint
in the present case.


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