Find Lawyers in Chile for Arbitration and Mediation
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Arbitration and Mediation - ChileAbout this Practice Area
Fernando is one of the founding partners of Barros Silva Varela & Vigil. He is in charge of the litigation practice and resolution of civil, commercial, national and international disputes. In addition, he has experience and is actively involved in other practice areas, such as corporate affairs, project financing and the development of corporate structures. PRACTICE AREAS - Litigation and Arbitration. - Dispute Resolution. - Project Financing. EDUCATION - Law, Pontificia Universidad Cat&...
Experience Chairman of Carey. His practice focuses on corporate and business law, mergers and acquisitions, project finance, and international arbitration. Activities and Memberships Conciliator of the Center for the Settlement of International Investment Disputes (ICSID) in Washington D.C., designated by the Chilean Government (2005-2011; 2011-2016 and 2017-2023). Member of the panel of arbitrators of the Arbitration Center of the Chamber of Commerce of Santiago. Chairman of Moneda Chile Fun...
Experience Partner of Carey and co-head of the firm’s Litigation Group. His practice is primarily focused on the areas of litigation, national and international arbitration, corporate law, securities, and business law. Activities and Memberships President of the Chilean Chapter of the Spanish Arbitration Club (CEA) (since 2023). Member of the Panel of Arbitrators, Shanghai Arbitration Commission (since 2022). Member of the International Court of Arbitration, Paris (2018-2021, 2021-2024)...
Founding partner at Fleischmann & Román Abogados. Between 1997 and 2004 he worked in the law firm Aldunate y Cia., where he became partner of the firm. In 2005 he joined as a partner at Chadwick & Aldunate Abogados and, since 2012, he remained the main partner of Reymond & Fleischmann Abogados. In 2016 he founded Fleischmann & León Abogados, now Fleischmann & Román Abogados. He has specialized in civil and administrative law, domestic and international...
Francisco-Javier González-Hoch Born in Chile, 1967 Attorney University of Chile, 1995, summa cum laude LL.M. Harvard Law School 1996 Honorary Scholarship President of the Republic 1995-96 Visiting Scholar, Harvard Law School 1996-97 Fulbright Scholarship 2000 Visiting Scholar, Yale Law School 2000 Visiting Scholar, Max Planck Institut für Ausländisches und Internationales Privatrecht 2010 Professor of Contract and Property Law, University of Chile 1997 - 2020 Head of Arbitrat...
Roberto Guerrero is a member of the corporate and M&A area of Guerrero Olivos, and specializes in company law, mergers and acquisitions, financial and banking law, project financing and capital markets. He has been a lawyer since 1991. Roberto Guerrero V. graduated from Pontificia Universidad Católica de Chile School of Law. After a few years of private practice, he obtained a scholarship from the Inter-American Development Bank to study a master law degree at New York University. ...
Experience Partner of Carey and co-head of the firm´s Litigation Group. His practice focuses on civil and commercial litigation and administrative and environmental regulatory litigation. He also has experience in domestic and international commercial and investment arbitration. Activities and Memberships Visiting Attorney, International Arbitration Office, Herbert Smith Freehills, New York (2013-2014). Member of the Training and Continuing Education Committee of the Chilean Bar Associa...
University Studies Universidad de Chile, School of Law, 1973. Montenegro Prize for the best graduate of his year, 1973. James B. Conant High School, Hoffman Estates, Illinois, United States of America, 1968-1969. Admitted to practice by the Supreme Court of Justice, 1975. Academic and Professional Activities Professor in Commercial Law, School of Law, Universidad de Chile, 1974. Author of Chilean and foreign publications. “Considerations about the principle of administrative legality&rd...
Experience Partner of Carey and co-head of the firm’s Litigation and Insolvency, Bankruptcy and Restructuring groups. His practice focuses on civil and commercial litigation, arbitration, bankruptcy and insolvency. Activities and Memberships Professor of Civil Law, Universidad de Chile (since 2001). Professor of Academia Judicial (since 2007) and Instituto de Estudios Judiciales Hernán Correa de la Cerda (since 2013). Professor of the Master in Law of Succession, Universidad Dieg...
Partner at Fleischmann & Román Abogados His professional practice has focused on civil and commercial litigation, insurance and arbitration. Lawyer of the Pontificia Universidad Católica de Chile. Master of Law at the same university (2009-2010). He has published several articles and has taught various classes and exhibitions in subjects of his specialty. Part of his teaching experience includes: Professor of Procedural Law at the Pontificia Universidad Católica de Ch...
Arbitration and Mediation Definition
Both Arbitration and Mediation are alternative dispute resolution methods, that provide the following benefits as opposed to litigation:
1. Speedy resolution of conflicts;
2. Confidentiality for the parties involved;
3. Flexibility in the resolution of the conflict;
4. Greater control over the procedure; and
5. The possibility of receiving the assistance of an expert (arbitrator or mediator) on the subject at hand.
In Chilean legislation, certain issues are a matter of mandatory arbitration or mediation, but the general rule is that such matters are voluntary. Essentially, any kind of private conflict may be submitted to arbitration or mediation, particularly, controversies relating to commercial partnerships, copyright, exports, insurance, construction, infrastructure, energy, maritime affairs, banking, finance, securities, among others.
Cases of mandatory mediation may be found in (a) family law, in matters regarding tuition and alimony, custody and visitation rights; (b) tort claims against hospitals or clinics in the public assistance network; and (c) conflicts regarding royalties from copyrights administrated by collective entities.
The most important cases of Mandatory arbitration are controversies relating to (a) joint-stock companies and (b) liquidation of collective corporations.
With regards to arbitration, it is important to note the existence of a dual regime. The first system, related to national arbitration, is governed by the rules of the Code of civil procedure and domestic court regulations. The second system, regulating international arbitration, is governed by Law Nº19.971, which closely follows the provisions of UNCITRAL model Law.
An important issue regarding international arbitration is language. Before Chilean law, in certain cases it is possible for any party to submit a review of an award before the Court of Appeals. Chilean Courts do not speak English and will only accept official translations from the Foreign Affairs Ministry, which are expensive and time-consuming. For these reasons, parties should conduct their proceedings in Spanish.
In Chile, the main institution providing both arbitration and mediation services is the Santiago Arbitration and Mediation Centre (CAM), of the Santiago Chamber of Commerce. In addition, other bodies include the National Centre of Arbitration (CNA) and the Controversy Resolution Centre for the Web Domain, an institution of Network Information Centre (NIC) of Chile.
Attorneys aid prospective clients with legal guidance and counsel, in the case of mediation. In arbitration, they tend to have a lead role, presenting claims, defences, evidence, petitions for review, and generally, any submission necessary to attain the client’s goals through an award or agreement with the assistance of the arbitrator.
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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