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 Dispute Resolution: Chile
Dispute Resolution: White-Collar Crime: Chile 

Chile : An Introduction

Contributed by Rodríguez Vergara & Compania

Dispute Resolution

1. Litigation in ordinary courts:

Unless otherwise agreed in a contract, or in the law, the general rule is that all conflicts that may occur inside the Chilean territory have to be acknowledged by ordinary justice. This rule has resulted in a heavy workload for the judiciary and has sometimes led to excessive delays. In addition, ordinary courts can only give decisions according to the law. Arbitrators by contrast are entitled to rule also according to justice with prior consent between the parties being reached.

In general terms, judicial proceedings are subject to the following procedural steps:

a. First Instance: In general the process begins in ordinary or special courts that will know the facts and apply the law.

b. Appeal Courts: There are 17 such courts situated across the country. An appeal court is a court that hears cases on appeal from another court. Any party in a case that is unhappy with the result of a first instance court is able to challenge this result in an appeal court on specific grounds. These grounds can include errors relating to the law, facts or procedures.

c. Supreme Court: This is the highest court in Chile and its purpose is to hear the nullity appeals against sentences dictated by the appeal courts. It does not review facts, just the law.

2. Arbitration:

This is a mechanism of conflict resolution through a private judge appointed by the parties by mutual agreement or subsidised by the ordinary courts. Arbitration in Chile, despite being more expensive, has proved to be a satisfactory method of dispute resolution given how many cases take place in the ordinary courts of justice. Arbitration may be institutional or ad-hoc.

Notwithstanding the above, according to Chilean law, almost all decisions from arbitrators are subject to revision by superior courts in the country. Therefore, this revision may involve the intervention of ordinary courts when it comes to issuing final awards. The efficiency and the utmost dedication of judges in this system often make it a more preferable option to the public than the ordinary courts system.

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Dispute Resolution: Chile

This firm has established itself as one of the first ports of call for clients involved in international arbitration. Strong working relationships with the government and a client roster that includes some of the country's top industry names have secured a constant flow of high-profile work for this 30-strong team. Recent work includes acting for Domino's Pizza in litigation to stop unauthorised use of its trade mark. The team was also involved in the investment arbitration between mining company Quiborax and the Plurinational State of Bolivia. Andrés Jana is described by clients as "an outstanding, deeply trusted and magnificent litigator," and is held in equally high esteem for his arbitration work. Jorge Bofill is well regarded for his expertise in civil disputes and, most notably, his "extraordinary talents as a criminal attorney." He successfully defended ENAP against recent criminal charges filed against it. Since publication, Miguel Chaves has joined Chaves Awad Contreras Schürman

This dispute resolution powerhouse goes from strength to strength. It is widely regarded internationally for its litigation and arbitration skills and counts AES Gener, BBVA, LAN and Minera Los Pelambres among its most prominent clients. Sources say: "I cannot fault this firm. It has the best litigators in Chile and they have demonstrated real expertise at every level." Clients praise practice founder José María Eyzaguirre Sr and say that "he lives for dispute resolution and his authority is unquestionable." Clients are effusive in their praise for Cristóbal Eyzaguirre: "He is so sharp and never fails to impress." Nicolás Luco is dedicated to this area and is "rigorously meticulous in his approach," according to clients. Felipe Ossa is lauded for his international arbitration experience and hailed as "simply brilliant" by clients. Associate José Miguel Huerta is recognised for his strong focus on dispute resolution matters.

Since publication, María Soledad Krause has left this firm.

This boutique is recognised for the breadth and complexity of its caseload. The nine-strong group has the resources to represent clients in civil and commercial lawsuits, insurance and antitrust matters, administrative law proceedings and national and international arbitration. The team has notably acted for a number of Chile's best-known energy and natural resources companies. Clients highlight Pedro Pablo Gutiérrez as "an extraordinary lawyer and leading figure: his incredible insight and the concern he has for clients are rare qualities." Alfredo Waugh Correa provides invaluable support to clients, who value his "rare capacity to interpret facts and discover unexplored avenues." Cristóbal Jimeno Chadwick "can convey complicated ideas in simple ways without losing their nuances," according to clients. Juan Francisco Asenjo Cheyre also stands out for his litigation skills, particularly in international cases.

This compact firm has made an excellent name for itself in Chile. The team is skilled in civil, commercial and constitutional disputes at a national and international level. It recently litigated on behalf of Barrick in Ontario, in a matter that involved applying both Chilean and Canadian law. Celulosa Arauco also retained the team for a number of antitrust and competition law issues. Representative clients include SUEZ Energy, Telefónica and Copec. Clients value Arturo Vergara's "brilliance as a litigator," as well as his "complete knowledge and vision." Sources concur that he and co-founder Raimundo Labarca"not only deliver a first-rate service, but have also created an energetic firm with formidable talent."

As one of Chile's leading law firms, Carey y Cía has no shortage of impressive clients. Over the past year the team has handled some highly complex cases on behalf of prestigious clients such as Stemcor UK, Kinross Gold and MetLife. It played a major role in the Clarín case, which, at a value of USD515 million, stands as the largest lawsuit ever brought against the Republic of Chile. Department head Gonzalo Fernández defended the State in this case. Clients say: "He stands out for his litigation prowess, his commercial vision and his utter perseverance. He provides clear-cut advice, which is both rare and invaluable."

Clients find it hard to fault this boutique. Its presence in the market is significant and it typically features on highly complex litigation and arbitration cases. It advises long-standing client The Angelini Group on a wide range of matters, including energy and environment matters, commercial cases and civil lawsuits. It recently represented the group in a purchase price dispute. Clients highlight that Álvaro Ortúzar "is a tremendous lawyer who provides a tailor-made service in even the most complicated matters." Pedro Aguila works closely with Ortúzar and is considered the "heart and soul of the firm."

Since publication, Álvaro Ortúzar has joined Ortúzar, Vergara & Boetsch Abogados

Clients are quick to praise this dispute resolution boutique. The group comes highly regarded in civil and commercial litigation, arbitration, competition and antitrust law, and administrative law and white-collar crime. Its client portfolio includes well-known names such as Automotores Gildemeister, Minera Melón and Compañía Minera Pimentón. It recently acted for Pontificia Universidad Católica de Chile in a multimillion-dollar lawsuit over a breach of contract. Davor Harasic stands out for his versatility in civil and criminal matters. Clients enthuse that he is "excellent, sharp and very well regarded by his peers." In white-collar crime, clients turn to Julián López"He is naturally detail-oriented so he really gets to the bottom of things and also offers a very personal service and is dedicated to each and every client," enthuse clients.

This firm has defied the odds and maintained a strong position in the market in spite of the departure of litigator Felipe Bulnes. Clients are effusive in their praise, saying: "The quality of the service at this firm is second to none. We would hire them a thousand times over." The team has latterly focused on construction and energy-related deals, such as its representation of Besalco and Torno in an arbitration against Sodexo. Sources highlight that it has a "truly international" reach. Julio Pellegrini Vial is highly sought after by clients for being "fiery, personable and always perfectly prepared." His partner Enrique Urrutia Pérez is "so rigorous, meticulous and analytical that you never have to worry," according to clients.

This partner-heavy team competes at the top level both nationally and internationally. The team – and particularly Pablo Rodríguez Grez– is regularly consulted for expert advice on litigation matters. Clients say: "He is one the best litigators in Chilean history and he is still active and on top of the law." Pedro Pablo Vergara provides invaluable support and is praised for proving "very complete in his service and exhibiting notable prestige in court." Fernando Rabat Celis is another key member of the team and stands out for his work in civil disputes.

This energetic team is fast becoming a force to be reckoned with in dispute resolution. It is widely recognised for its white-collar crime expertise, particularly in relation to multimillion-dollar frauds. It is also building a strong practice in civil and regulatory litigation and has latterly focused on construction and real estate disputes arising from the 2010 earthquake. Clients praise Gabriel Zaliasnik as "a highly efficient and enthusiastic leader, as well as a prestigious criminal lawyer." Francisco Velozo is recognised for his criminal litigation work and is "tempered and fair in his approach," according to clients.

This team's stellar reputation and the backing of a full-service firm give it a strong foothold in the market. It handles a range of high-profile work on behalf of illustrious names such as Aguas Araucanía, Compañía General de Electricidad and Siemens. Practice head Florencio Bernales is hailed by clients for his "immense knowledge of the area, endless capability and diligence." Clients consistently single out Mónica Van Der Schraft for her international work. "She is tremendously agile, sophisticated and sharp in her legal analyses," according to market sources.

This firm is known for taking on and winning highly complex cases. It covers civil, commercial and environmental litigation, as well as arbitration. It acts as counsel to CMPC Maderas, Industrias Forestales and Sky Airlines. In recent years, the team has also been retained by Movistar for trade regulation disputes. Juan Ignacio Correa leads the team and is highlighted by clients for "always listening to his clients and delivering an individual service to them."

This full-service firm has a skilled and versatile dispute resolution team. It has a strong focus on disputes related to the energy and natural resources and pharmaceutical sectors. It has an impressive client base which includes Eólica Navarra, Antofagasta Minerals, Santander and Xerox. Enrique Alcalde is the team's standout figure. He impresses clients with his "understated confidence and power of expression."

This internationally renowned firm is well known in Chile for its expertise in civil and commercial litigation, particularly in relation to admiralty, insurance and energy-related disputes. The team recently obtained a favourable award in a case which concerned the legality of mining concession transfers to Quadra Mining. Other representative clients include Hampton Mining, Invensys and LeTourneau. Rodrigo Diaz de Valdes is the primary contact for clients.

This is one of Chile's most respected firms and the dispute resolution team represents clients such as Metrogas and Aguas del Sur. It successfully represented Colbún in a judicial defence relating to the company's right to construct and operate an electric turbine. Clients admire Luis Eduardo Toro for his ability to provide "highly analytical and emphatic advice which always prioritises clients' objectives above all else."

This team handles a high volume of litigation and arbitration cases and lists Enel, Aqua Chile and SONDA as clients. Clients highlight department head Luis Vidal Hamilton-Toovey and enthuse that "he has the fundamental qualities required to sort out claims in as efficient a manner as possible. He really makes an effort to try to come to agreements amicably." Nicolás Lama impresses clients with "his constant co-operation and willingness to find the best possible answer."

This firm's dispute resolution team is reinforced by its antitrust clout. Competition, IP, telecommunications and regulatory work make up the majority of its caseload. Clients say: "I have worked with a lot of Chilean law firms and this is the best!" Paulo Montt, the primary point of contact, "is the motor of the group and a fantastic litigator," according to sources.

This boutique has developed a strong niche in construction and insurance matters and handles a high volume of litigation work in these sectors. It has a large national client base but also represents several Brazilian and Spanish companies. The team recently represented MAPFRE in an arbitration against Transoceánica in relation to the construction of a hotel on Easter Island. Clients say the firm "offers a fast, personalised and very committed service." Victor Ríos is the main point of contact for clients.

This firm is a newcomer to the ranking and has made a name for itself in construction, infrastructure and projects-related disputes. "The lawyers have vast and specialised experience in litigation and arbitration," according to clients. The team regularly represents clients such as Belasco, Empresas Tecsa and Obrascón Huarte Laín before the ICC. Alfonso Reymond Larrain and Hernán Fleischmann Chadwick are strongly recommended by clients for their "great legal knowledge, strategic vision, understanding of technical issues and prestige in the market."

Enrique Barros of Barros Letelier & Cia is an authority in the market and is particularly well regarded for his knowledge of tort law. Clients turn to Alfredo Alcaíno of Alcaíno Rodríguez & Sahli Abogados for his litigation and corporate expertise. Manuel José Vial is a well-regarded arbitration expert at Grupo Vial Abogados and is also visible in corporate and business transactions. Ramón Dominguez of Noguera, Larrain & Dulanto has developed a strong reputation for his well-honed litigation expertise. Esteban Ovalle co-founded his own dispute resolution boutique, Ovalle Ugarte Letelier Abogados. Sources praise his ability to "always make himself fully available for clients." Fernando Samaniego leads the practice group at Prieto y Cía and impresses clients with his expert handling of disputes related to the mining and electricity sector. Clients have the "highest possible opinion" of Alfredo Etcheberry of Estudio Etcheberry when it comes to white-collar crime. His colleague René García is "admirable and nuanced in his approach to complex white-collar crime issues," according to clientsLuis Ortiz Quiroga of Puga Ortiz is widely regarded as an expert in white-collar crime. At the same firm, Leonardo Battagllia and Cristián Muga Aitken are consistently highlighted by market sources for their skills in white-collar crime litigation. Dyalá Jiménez established DJ Arbitraje as a solo practice in early 2011. The new firm is set to give her the opportunity to act as an independent arbitrator, as well as an expert adviser in highly complex, international arbitrations, for which she is widely regarded. Jorge Vial of Urenda, Rencoret, Orrego y Dörr heads the dispute resolution department and his practice is focused on civil and commercial litigation, as well as arbitration and alternative dispute resolution. He obtained a favourable judgment for Dow Chemical Company from the Chilean Supreme Court, which ended a long-standing dispute between the company and Ibener on a multimillion electric power supply agreement. Miguel Chaves P left Bofill Mir & Alvarez Jana Abogados to join Chaves Awad Contreras Schürmanof Chaves Awad Contreras Schürman. He provides excellent support in white-collar crime matters.
Since publication, Jorge Vial has joined Morales & Besa

Future Events 

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

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10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

22nd May 2014: Chambers USA Awards 2014, New York