International Commercial Arbitration - December 2013

Second High-Level Meeting on International Commercial Arbitration, organized by OAS Department of International Law and Judiciary of Chile, Ends on Successful Note

The Second High-Level Judicial Meeting on International Commercial Arbitration, organized by the OAS Department of International Law (DIL) and the Judiciary of Chile, was held from December 4-6 in Santiago, Chile. Among dignitaries featured at the opening ceremony were Chilean Foreign Minister Alfredo Moreno Ducharme; President of the Supreme Court of Chile, Rubén Ballesteros; and Canadian Ambassador to Chile, Her Excellency Patricia Fuller.

"The opportunity the OAS provides – to reflect on the important role of national courts at the various stages of international commercial arbitration and to analyze the Panama and New York Conventions and the United Nations Model Arbitration Law – is a critical juncture for those judicial systems to standardize their jurisprudence so as to directly benefit our people and boost development of our economies," Foreign Minister Moreno said.

For his part, the Chief Justice noted that, "The courts are called upon to play an important role in numerous arbitration proceedings, during the proceedings themselves or at the moment that an arbitration decision is recognized and executed. That's why judges need to know and discuss the main concepts and international treaties governing the subject area at present."

This Second Meeting, which brings together ministers and senior judges from Bolivia, Chile, Colombia, Ecuador, and Peru, is aimed at giving participants a deeper understanding of the role of national courts in foreign arbitration proceeding and awards, through theoretical and expository discussions facilitated by national and international experts, and through interactive, joint analysis sessions.

The Meeting discussed the main international instruments and legal principles covering this area, as well as elements and requirements for validity of the arbitration agreement, burden of proof in recognizing and enforcing arbitration awards, and judicial intervention at the beginning of, during, and after an arbitration proceeding.

Also joining the 14 national and international experts and 25 ministers and senior judges in the sharing of knowledge, concerns, and experiences were Dr. Rita Nava Susana Durán, Supreme Court judge (Bolivia); Milton Juica, Supreme Court justice (Chile); Gilberto Blanco, auxiliary judge of the Civil Chamber, Supreme Court of Justice (Colombia); Eduardo Bermúdez, national judge (Ecuador); Alvaro Ojeda, national judge (Ecuador); Hugo Sivina, President of the Constitutional and Social Law Chamber of the Supreme Court (Peru); and Ana María Aranda, Chief Justice of the Supreme Court and Head of the Office of Magistracy Control of the Judicial Branch (Peru), among other distinguished participants.

Speaking at the closing ceremony, Dr. Dante Negro, Director of the DIL, reiterated the OAS' commitment to the promotion and development of international law. He thanked the joint organizers, experts, and participants for their dedication to the work undertaken during the meeting.

To access the website of the project on Enforceability of International Commercial Arbitration Awards, please click on this link.

Links / Documents related to the meeting:

International Commercial Arbitration: Award Enforcement Project as part of the regional technical cooperation project of the OAS program made possible with support from the Government of Canada.

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