Exequatur in Chile
Recognition and enforcement of foreign arbitral sentence in Chile is governed by Articles 242–251 of the Chilean Code of Civil Procedure and the international convention on recognition and enforcement of foreign arbitral sentence (New York, 10.06.1958).
In order to enforce a foreign court decision in Chile, the case must be considered by a Supreme Court in Chile. Having previously examined a foreign decision on compliance with Chilean law. And in the case of compliance with Chilean legislation, foreign Court decisions will have the same effect in Chile as if they had been issued by Chilean courts.
In the process of recognizing a International Arbitration, one can single out the main points of compliance with the Chilean norms:
- The decision of the International court does not contain anything contrary to the laws of Chile;
- Does not oppose national jurisdiction;
- The Chilean side, in respect of which the decision of the court was issued, was duly notified of the process in its respect;
- The court decision complies with the legislation of the country issuing the decision;
- The terms of consideration of the case in the Supreme Court of Chile are on average one year;
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