Case 1090: [MAL 17]
Chile: Supreme Court
No. 5468-2009
Western Technology Services International Inc. (Westech) v. a Chilean company,
Cauchos Industriales SA (Cainsa)
11 May 2010
Original in Spanish

Abstract prepared by Maria Fernanda Vasquez Palma
[Keywords: enforcement; interim measures; injunctions]

A request was made for the enforcement of an arbitral decision handed down in
Dallas, Texas, imposing precautionary measures on the defendant.

The Supreme Court emphasized that Chile’s current legislation provided for the
recognition of awards by foreign tribunals. It did not, however, provide for the
enforcement of precautionary measures issued by such tribunals. The Court
established that the measure of the arbitration tribunal was a preliminary
precautionary measure against the defendant and that, in issuing it, the arbitral
tribunal had stated that “this preliminary precautionary measure shall be extended
and shall remain in force until this tribunal shall issue a new decision or until the
parties agree otherwise”.

Granting the appeal for enforcement and the implementation and continuation of the
precautionary measures would pre-empt any future decision on the main elements of
the appeal.


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