Major Contractual and Non-Contractual Disputes
Defense of the families of victims of the CASA 212 aircraft accident in the Juan Fernández Archipelago, leading the joint legal representation of many victims.
In 2013, we filed a lawsuit against the Chilean State on behalf of the families of two victims of the 2011 CASA 212 crash. The victims’ families were awarded USD 3 million in compensation. One of our partners served as the common legal representative for the families of several victims, all of whom obtained a favorable judgment and payment of their compensation. At the time, this was the highest amount ever awarded by the Supreme Court in a case of State liability and tort.
Defense of a major power generation company in a lawsuit for approximately USD 100 million filed by members of an irrigation channel association.
The litigation concluded successfully, with the claim being entirely dismissed.
Defense of the largest mall in Chile in a contractual dispute exceeding USD 120 million.
A leading retail company claimed USD 120 million based on a breach of contract against our client that would have prevented the expansion and restructuring of the mall. The claim against our client was ultimately dismissed in full.
Representation of Chile’s most prominent mining company in at least six complex lawsuits since 2013, totaling approximately USD 500 million.
These ordinary and arbitral proceedings involved highly complex issues related to construction, installation, mining development, and more.
Defense of a natural gas company in a CAM Santiago arbitration for approximately USD 300 million.
Our client held a stake in a liquefied natural gas terminal in the Valparaíso Region. Due to a drop in gas prices, a pass-through contract was unilaterally terminated, potentially causing the company losses of USD 300 million. Our client ultimately recovered 97% of its claim.
Defense of a leading Chilean small appliances company in CAM Santiago arbitrations involving approximately USD 27 million.
The dispute arose from a breach of a put option, in violation of the terms of a shareholders’ agreement. Our client ultimately recovered USD 27 million—an amount exceeding the original claim.
Representation of a preschool in an insurance arbitration related to a highly publicized civil lawsuit.
Our firm filed an arbitration claim against an insurance company, seeking that it be held liable for damages to the family of a child who died off the premises of a preschool, in the event of a civil conviction. In 2021, the insurance company was found liable, and the ruling set a legal precedent that is now studied in law schools across Chile.
Defense of an Ecuadorian consulting firm in annulment proceedings against a final award in an international arbitration, brought before the Santiago Court of Appeals.
This is one of the few cases in Chile involving the challenge of an international arbitral award. The award, valued at approximately USD 19 million, had been issued by a distinguished arbitral tribunal in a dispute with a U.S. company over consulting services rendered in connection with a large-scale oil and energy infrastructure project in Ecuador.