Executive summary: The agreement between the Santiago Arbitration and Mediation Centre (CAM Santiago) of the Santiago Chamber of Commerce (SCC) and the Madrid International Arbitration Center – Ibero-American Arbitration Center (CIAM-CIAR) concerning their international arbitration activities marks a significant development in the consolidation of international arbitration in the Ibero-American region. By fostering the use of Spanish and Portuguese in a sector historically dominated by English and French, the agreement also serves to strengthen the linguistic and cultural diversity of the field. In an interview with Iarbnews, José María Alonso, President of CIAM-CIAR, underscored that the agreement between the two institutions will further boost CIAM-CIAR's presence in a linguistic community of over 755 million Spanish and Portuguese speakers, which includes not only Portugal, Brazil, and other Portuguese-speaking countries but also the more than 57 million Spanish speakers in the United States. At present, a significant number of arbitrations between Ibero-American parties take place in venues such as London, Paris, or Geneva, a situation which gives rise to linguistic and legal challenges as well as high costs. Through this newly established association, however, these issues are expected to be mitigated, as it provides a linguistic and cultural framework closer to the parties.
In an interview with Iarbnews, José María Alonso, President of CIAM-CIAR, provided insights into the recent agreement whereby the Arbitration and Mediation Centre of the Santiago Chamber of Commerce (CAM Santiago) has become a new partner in CIAM-CIAR's international arbitration activities. This development represents a significant milestone in the advancement of international arbitration in the Ibero-American region.
Above all, Mr Alonso emphasised that the agreement recently reached with CAM Santiago should be regarded as more than a mere strategic alliance between arbitral institutions; it constitutes a significant institutional integration in which CAM Santiago becomes an equal partner alongside CIAM-CIAR's founding members. As a result, it will enjoy full rights, including representation in the governing bodies, and a fully dedicated team within the Secretariat to administer international arbitration cases. Mr Alonso went on to explain that the primary objective of this newly formed association is to strengthen international arbitration in both Spanish and Portuguese. It is important to note that this initiative is not limited to Spanish-speaking countries; it also extends to Portuguese-speaking nations, including Portugal and Brazil in Ibero-America, as well as other countries and territories where Portuguese is an official or co-official language, such as Angola, Mozambique, Cape Verde, Guinea-Bissau, São Tomé and Príncipe, Timor-Leste, and the Macao Special Administrative Region (People's Republic of China). This integrative approach aims to foster a unified linguistic community encompassing over 755 million Spanish and Portuguese speakers.
Furthermore, it is important to take into consideration the fact that more than 57 million Spanish speakers now reside in the United States, making it the country with the second-largest Spanish-speaking population in the world, after Mexico. These figures underscore CIAM-CIAR's strategic decision to expand, responding to the growing demand for arbitration in Spanish and Portuguese. This demand is not only limited to Ibero-America (Latin America and the Iberian Peninsula), but also extends to key markets such as the United States, where Spanish holds significant commercial and legal importance. Additionally, Portuguese is the official or co-official language of five countries in Africa, with a more reduced presence in Asia.
Addressing Linguistic Challenges in International Arbitration
Mr Alonso explained that one of the primary motivations behind this association is to enhance international arbitration in both the Spanish and Portuguese languages. In the current scenario, numerous arbitrations where both parties are native to Spanish or a combination of Spanish and Portuguese are conducted in other languages, predominantly English in centres such as London or French in venues such as Paris or Geneva.
CIAM-CIAR's President stated that this phenomenon poses a number of challenges. The selection of a foreign language for the proceedings establishes a linguistic barrier and brings with it legal institutions and concepts inherent to that language and legal system, which often have little connection to the idiosyncrasies of Ibero-American parties. Moreover, this creates difficulties for arbitrators, who must work with translations often carried out by individuals without specialised legal training in arbitration.
Mr Alonso emphasised that these issues entail significant costs, as the need for translations and specialised advice substantially raises expenses. If arbitrations were conducted directly in Spanish or Portuguese, these costs would be significantly lower while also facilitating a better understanding and application of legal principles more closely linked to the parties' realities.
A Step Towards Ibero-American Consolidation
On the importance of this agreement, Mr Alonso made it clear that it is not just another cooperation agreement (as CIAM-CIAR has multiple agreements with relevant arbitral institutions), but rather a true incorporation of the international practice of both institutions on equal footing. There are significant implications for international arbitration across Ibero-America. Mr Alonso has expressed confidence that this newly formed association will enhance access to international arbitration in Ibero-America by offering parties, both in Chile and other Ibero-American countries, a more efficient and unified system.
Mr Alonso characterised the agreement as a significant landmark, especially in light of the long-standing recognition of CAM Santiago as a leading Latin American arbitral centre, distinguished by both its caseload and the calibre of its initiatives and professionalism.
Long-Term Expansion Prospects
With regard to the long-term implications of this association, Mr Alonso has stated that it could serve as a catalyst for other Ibero-American institutions to pursue unification under a unified arbitral framework. Nonetheless, he has clarified that no agreements have been finalized with external institutions or arbitral courts in the region at this time. The success of this agreement could potentially open doors for further collaborative integrations in the future.
Mr Alonso also pointed out that this incorporation on equal terms not only reinforces CIAM-CIAR's presence in the region, but also allows for the consolidation of a more accessible and efficient arbitration model for companies and legal operators. Now with a unified structure and greater management capacity, CIAM-CIAR is positioned as the benchmark option for dispute resolution in the Ibero-American region.
A Cutting-Edge Arbitration Framework and Case Administration Continuity
In accordance with the association agreement, arbitration agreements executed after 1 July 2025 designating CAM Santiago as the administering institution will be automatically referred to CIAM-CIAR. The President of CIAM-CIAR has further clarified that these cases will be administered in accordance with CIAM-CIAR's arbitration rules, and that CAM Santiago will incorporate a clause into its regulations referring international cases to CIAM-CIAR, in line with the precedent set by CIAM-CIAR's founding courts. Therefore, by signing this agreement, the Santiago Arbitration and Mediation Centre (CAM Santiago) will continue to offer its international arbitration services and will now administer them as part of the ICIAM-CIAR.
In addition, CAM Santiago will continue to administer ongoing international arbitrations and those initiated under agreements executed before 1 July 2025. For such cases, CAM Santiago will invite the parties to have their dispute administered under the CIAM-CIAR framework.
Moreover, Members of CAM Santiago's team have now joined CIAM-CIAR's Secretariat, reflecting the strength and equal standing of this association.
Seat of Arbitration and Connection with the Chilean Judiciary
The administration of international arbitrations will be administered by CIAM-CIAR, but the seat of arbitration in Chile-related cases will remain in the country, ensuring that proceedings involving Chilean law continue to be conducted domestically and thus preserve its legal framework and particularities, Mr. Alonso further emphasised.
He went on to highlight the e-CAMSantiago platform, which enables the digital streamlining of proceedings and interconnection with the Chilean judiciary. This system facilitates collaboration between arbitrators and judges, thereby expediting judicial support measures and other necessary interventions. Mr Alonso also highlighted that this direct connection between an arbitral centre and a State judiciary represents an innovative and unique model in the arbitration world. He believes that this infrastructure streamlines dispute resolution and could serve as a reference for other countries in their pursuit of greater efficiency in the relationship between arbitration and national courts.
Also, Mr Alonso underscored the suitability of the city of Santiago de Chile as a leading venue for Ibero-American arbitration, which is confirmed by the latest ruling of 30 January 2025 of the Constitutional Court of Chile, which reaffirms the principle of minimum intervention of State justice in the review of awards. The ruling establishes that the autonomy of international arbitration must be respected and that the intervention of national courts is limited to exceptional cases of annulment strictly regulated.
International criteria and an integration approach
In addressing the international criteria for arbitration, Mr Alonso explained that, when it comes to determining which arbitrations will be referred by the Santiago CAM to the CIAM-CIAR, it is fundamentally important that the latter applies internationally recognised criteria.
This association strengthens a model based on transparency, technology, equality, diversity and sustainability, values that both centres share. This synergy between the institutions will improve efficiency and expand the scope of arbitration in the region, consolidating a service of excellence for the resolution of international disputes.
CIAM-CIAR presents itself as an Ibero-American institution with a global approach
According to Mr Alonso, CIAM-CIAR is made up of prestigious institutions, including the Madrid Court of Arbitration of the Madrid Chamber of Commerce, the Spanish Court of Arbitration of the Spanish Chamber of Commerce and the Civil and Commercial Court of Arbitration (CIMA). It also has strategic partners such as the Madrid Bar Association (ICAM) and the International Ibero-American Arbitration Centre (CIAR). The incorporation of CAM Santiago on equal terms strengthens the presence of CIAM-CIAR in the region and consolidates a more accessible and efficient arbitration model for companies and legal operators.
In this connection, Mr Alonso shared with Iarbnews some statistical data that reveals the preponderance of certain languages, such as English or, to a lesser extent, French, which, perhaps, in view of the current evolution of the arbitration community, is no longer fully justified. This data shows that, despite the fact that approximately 20% of the parties in commercial or investment arbitration are Ibero-American, less than 10% of these proceedings are conducted in Spanish or Portuguese. Consequently, the incorporation of CAM Santiago into CIAM-CIAR seeks to reverse this trend and consolidate the latter as a leading institution in the field of international arbitration, as it also administers arbitration proceedings in English and French.
All in all, Mr Alonso was confident that this association would not only extend the geographical reach of CIAM-CIAR, but also consolidate its capacity to serve a diverse and broad community, establishing itself as the institution of reference for dispute resolution in the Ibero-American space and beyond.
