Legal historical development of arbitral jurisdiction for water users’ organizations in republican chile
Abstract
This article analyzes the origins of arbitral jurisdiction for
Chilean water rights, and establish that they are found in the
statutes of the Sociedad del Canal de Maipo, dictated between
1827 and 1831, which authorized its Board of Directors to
hear conflicts over right involved in the company as sole and
exclusive judge. These statutes – including arbitral jurisdiction
– served as a model for the first law (1908) about channel users’
associations which is why later legislation replicated this arbitral
jurisdiction. Jurisprudence determined in 1945 that the Board
of Directors of a channel users’ association could not hear trials
regarding the existence or inexistence of associates’ rights.
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