EL RECURSO DE PROTECCIÓN COMO ANTI-SUIT INJUNCTION Y ANTI-ARBITRATION INJUNCTION EN EL ARBITRAJE COMERCIAL INTERNACIONAL

The present study examines doctrinally and jurisprudentially the protection action in the context of international commercial arbitration, focusing on its function as a mechanism for anti-suit injunctions and anti-arbitration injunctions. The problem posed is how this resource can be used by the involved parties to prevent the continuation of judicial or arbitral proceedings in jurisdictions that do not have competence over the matter. Additionally, it analyzes how this resource can safeguard the authority granted by the parties to a specific arbitral tribunal. The study dedicates a significant portion to evaluating the common law model and the injunction measures applicable in this context, with the aim of determining the scope and effectiveness of anti-suit injunctions. Through a detailed analysis, it concludes that, although the protection action is indeed the only tool available within the Chilean legal system that can perform the function of an anti-suit injunction, its application in practice presents significant challenges. These challenges must be carefully considered by the parties involved in international commercial arbitration, as the proper use of this resource can decisively influence the resolution of disputes and the respect for the arbitral agreements established by the parties.