Constitutional
Remedies

We have an extensive experience in the representation and defense of constitutional remedies. We have represented multiple clients in the filing of constitutional remedies for the protection of fundamental rights, in the same way that we have defended others against this type of remedies.

Likewise, we have represented clients in the filing of actions to claim compensation in case of expropriation and Public Law annulment actions. We have also litigated before the Constitutional Court, filing actions of inapplicability due to unconstitutionality.

Anti-dumping,
safeguards and
countervailing measures

We have a leading experience in Chile in this area. We have successfully advised and represented associations and export foreign companies, in several investigations for the application of anti-dumping and safeguard measures initiated by the Nation Commission in Charge of Investigating the Existence of Distortions in the Price of Imported Goods (the Distortion Commission). We have also represented the Chilean Government or worked with its authorities, in the resolution of disputes between States and before international arbitration courts and panels, initiated by the application of this type of measures.

Our partner, Álvaro Jana, is member of the World Trade Organization’s panelists list, to integrate courts in charge of resolving trade dispute between its members.

Corporate Conflicts and
Family Equity

We have represented diverse clients in corporate conflicts or high-net-worth families’ disputes, exercising accountability actions, actions for the dissolution or termination of companies, removal of managing partners and claims for damages.

Likewise, we have participated in arbitrations among shareholders of corporations, due to the breach of obligations undertaken in their Shareholders’ Agreements and infraction of directors’ duties pursuant to the Corporations Law.

Civil and Commercial
Litigation

We have successfully represented individual and companies in multiple civil and commercial disputes, related to the breach of diverse kind of acts and contracts, including atypical contracts such as supply, commercial agency, franchise and concession agreements. In these matters, we have exercised resolutory actions, specific performance remedies, claims for damages, claims requesting annulments and inefficacy upon third parties (inoponibilidad), among others.

In case of protection of property-related conflicts, we have filed actio rei vindicatio and dealt with several possessory interdicts. We have also worked in conflicts related to overlapping land titles.

In matters of torts, we have participated claiming damages caused by negligent actions, infraction of fundamental rights and financial fraud causing unjust enrichment.

Environmental Trials

Due to the growing judicialization of environmental matters, in recent times and acting jointly with Environmental Law-specialized firms, we have represented different companies in proceedings before the Environmental Courts. In some cases, in order to defend Environmental Qualification Resolutions (RCA) against injunctions that seek to render them ineffective. In others, representing legal entities, both in actions for restoration of environmental damages, and in claim appeals in which a RCA is challenged.

Negotiation and
Alternate Dispute
Resolution

We regularly provide advice supporting our clients in the preparation, structuring, review and/or negotiation of complex contracts and commercial transactions, corporate agreements, joint ventures and master agreements. The foregoing, to avoid potential conflicts, as well as to better identify the risks involved in order to regulate them properly.

We have provided advice and participated in various complex negotiations, several of them multi-party negotiations, in order to achieve alternate dispute resolution. We have also acted as ad hoc mediators in order to achieve the composition of interests in controversies between private parties.

Class Actions and
Consumer Law

In matters of Consumer Law, we have assumed the representation of consumers due to infractions to the Consumer Protection Law, requesting the annulment of abusive clauses, the cessation of infringing acts, and claiming the relevant damages.

Likewise, we have represented banking entities in actions filed against them pursuant to the rules of the special procedure for the protection of consumers’ collective and diffuse interests under Law No. 19,496.

Arbitration

We act on a recurring basis before arbitration courts, both before arbitrators appointed by regular courts of justice, as well as before institutional arbitrators, in accordance with the rules of domestic arbitration. We have also represented clients in proceedings conducted in accordance with the International Commercial Arbitration Law (Law No. 19,971).

In addition, our partner Felipe Leiva was member of the Young Arbitrators body of the Arbitration and Mediation Center of the Santiago Chamber of Commerce (AJCAM) and, since 2021, he is part of the General List of Arbitrators of the referred institution.

Antitrust and
Unfair Competition

We provide advice and representation in investigations conducted by the Economic National Prosecutor’s Office, in preliminary injunctions issued before trial and litigious cases before the Antitrust Court and the Supreme Court. In connection with the foregoing, we have successfully advised and represented clients from regulated and non-regulated sectors and in their different sides, that is, as investigated or defendant parties, requestors or plaintiffs, or as interested parties.

Likewise, we have advised and represented clients in cases of unfair competition, some of which have involved conflicts between important market agents at a regional or national level belonging to foreign multinational companies.

Construction and
Engineering Works Trials

We have represented both principals and contractors in disputes related to DBB and EPC contracts, both under lump sum modality and with a series of unit prices. Whether for the construction of wine cellars or large engineering works for mining, in this area we have participated, among others, in cases related to construction defects, engineering and architectural defects, delays in the execution of works, concurrent delays and hidden soil defects.

For these purposes, we form multidisciplinary teams with technical professionals when required, and we are prepared to process large volumes of information and documents.

Securities Market

We have experience in sanctioning proceedings conducted by the former Securities and Insurance Commission (today, CMF) due to insider trading, manipulation of stocks and securities’ prices, and infractions to the Securities Market Law and the Corporations Law. Likewise, we have represented private parties in cases of sanctions imposed by the former Securities and Insurance Commission, through actions challenging fines and illegality claiming actions.

Administrative-Litigious
Proceedings

We have participated in various litigious proceedings against the Administration, filing claims for the illegality of administrative acts, for claiming fines, and actions for invalidation or annulment of administrative acts before the same body or service issuing them, or before the Regular Courts of Justice through Public Law Annulment actions. Likewise, we have acted before the Office of Comptroller General of the Republic, requesting the declaration of illegality of State Bodies’ acts. We also have extensive experience in State liability actions due to lack of service.

Likewise, we have provided advice to Town Councils and supervisory bodies, for the adequate processing of invalidation procedures of administrative acts in concessions matters, as well as for the processing of sanctioning procedures, respectively.

Community
Relations / Indigenous
Law

On different occasions, we have been related to the Corporate Affairs areas of our clients, in order to develop community relations strategies, which allow preventing eventual conflicts with Indigenous Communities. In addition, as third parties, we have participated in special judicial proceedings provided by Law No. 19,253 (It Provides for Rules on the Protection, Promotion and Development of Indigenous People, and Creates the National Corporation for Indigenous Development), for the purposes of collaborating in the protection of the rights of indigenous communities that have executed acts or contracts with our clients.