Voluntary arbitration in the new article 185 bis of the chilean water law which legislates according to the lowest common denominator

Abstract

This article analyzes the voluntary arbitration established in article 185 bis of the Chilean Water Law Code introduced by Act N° 20.017 dated as of june 16^th, 2005. After reviewing the general norms of the Chilean Water Law Code that deal with the solution of controversies about the exercise of water rights, the author analyses the new article 185 bis, particularly its legislative history, effects, and relationship with existing institutions of the Chilean law. the author maintains that the new article 185 bis is a relatively innocuous law that does not modify to a great extent the Chilean water law, has limited effects with respect to the rest of the Chilean legal system and was passed because certain institutional features of the Chilean legislative system lead to policy-making based on the "lowest common denominator".