The Legal 500

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AV. APOQUINDO 3721, 14TH FLOOR, CÓD POSTAL 755 0177, SANTIAGO, CHILE
Tel:
Work +562 2367 3000
Fax:
Fax +562 2367 3003
Email:
Web:
www.claro.cl

Chile

Banking and finance
Banking and finance - ranked: tier 1

Claro & Cía.

Standing heads and shoulders above other firms’, Claro & Cía.’s finance practice has been particularly active in the energy sector. Renewable energy highlights include advising SunEdison (as sponsor) and Chungungo (as project company) during the development and financing (by Corpbanca and DnB NOR) of the Quilapilún 110MWp solar power plant, marking SunEdison’s first power plant in the region and one of Chile’s largest. The team also acted for Empresa Eléctrica Guacolda on both capital markets deals and financings, including: the issuance and sale to Citigroup Global Markets, Goldman, Sachs & Co and Itau BBA USA Securities of $500m senior secured notes; entering into a $330m credit facility with Sumitomo Mitsui Banking Corporation (as administrative agent for the lenders) and Citigroup Global Markets, Goldman, Sachs & Co and Itau BBA USA Securities (as joint lead arrangers and joint book-runners); and a revolving credit facility with Banco de Chile for up to approximately $45m. Other key instructions saw the team advising Scotiabank Chile and Banco Del Estado De Chile on a senior secured credit facility for $400m, granted to a subsidiary of Empresas Públicas de Medellín to refinance the acquisition of Aguas de Antofagasta. Rodrigo Ochagavía, Jorge Martín and José Luis Ambrosy are highly rated advisers.

Leading lawyers

Jorge Martín - Claro & Cía.

José Luis Ambrosy - Claro & Cía.

Rodrigo Ochagavía - Claro & Cía.

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Competition and antitrust
Competition and antitrust - ranked: tier 1

Claro & Cía.

Claro & Cía. provides ‘top-level advice’ to its clients on the competition law aspects of their business activities, including significant merger clearance matters. The practice also defends their interests during matters before the Competition Tribunal (TDLC), as well as during consultation procedures before Chile’s antitrust authorities; in recent years, the firm’s antitrust team has acted on several high-profile cases. Cristóbal Eyzaguirre is recommended and José Miguel Huerta is especially focused on government proceedings and investigations into mergers and cartels.

Leading lawyers

Cristóbal Eyzaguirre - Claro & Cía.

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Corporate and M&A
Corporate and M&A - ranked: tier 1

Claro & Cía.

Claro & Cía.’s ‘overall level of service is outstanding: the depth of legal knowledge, business acumen and industry knowledge, the strength of teams and their responsiveness is exceptional’. Mega-deal mergers in the financial institutions sector saw department head José María Eyzaguirre Baeza (‘excellent legal knowledge and outstanding commercial acumen’) and Felipe Larraín (‘great knowledge and expertise and provides solid advice’) advise Corpbanca and its controlling shareholder, Corpgroup, during the $7bn merger between Corpbanca and Banco Itau Chile to combine banking operations in Chile and Colombia; in the same deal Cristóbal Eyzaguirre and Luisa Núñez acted for Banco Itau Chile and its controlling shareholder, Itau Unibanco. Major restructuring mandates included the team assisting Empresa Nacional de Electricidad with the reorganisation of Enersis, Chilectra and Endesa Chile, which consisted of the separation of electricity generation and distribution activities and assets in Chile from those in Argentina, Brazil, Colombia and Peru. Acquisition mandates included the team acting for Prudential Financial on the approximately $600m purchase of 80% of Administradora de Fondos de Pensiones Habitat; and in the mining sector it advised Anglo American on the $300m sale of Anglo American Norte (the company that owns the Mantoverde and Mantos Blancos copper mines in northern Chile). Rodrigo Ochagavía, Hernán Felipe Valdés and Matías de Marchena are recommended. Jorge Martín and José Luis Ambrosy also deserve mention.

Leading lawyers

Cristóbal Eyzaguirre - Claro & Cía.

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Dispute resolution
Dispute resolution - ranked: tier 1

Claro & Cía.

Claro & Cía. is recommended for its ‘expert handling’ of civil, commercial, employment, tax, corporate, administrative and IP-related cases, and is particularly focused on complex commercial litigation and transnational conflicts. It also has a criminal law group that specialises in white-collar crime and has a widely recognised practice in national and international arbitration that is predominantly focused on construction, energy, mining and shareholders disputes, as well as financial services, insurance, distribution and franchising; the practice also assists clients during investment disputes with sovereign states and is experienced in acting before Chilean courts on interim measures, enforcement of arbitral awards and annulment proceedings. The ‘hugely responsiveJose María Eyzaguirre García de la Huerta is senior partner and litigation head and has ‘great business sense’; Cristóbal Eyzaguirre, Nicolás Luco, Felipe Ossa and José Miguel Huerta are also recommended.

Leading lawyers

Cristóbal Eyzaguirre - Claro & Cía.

Nicolás Luco - Claro & Cía.

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Environment
Environment - ranked: tier 3

Claro & Cía.

Claro & Cía.’s ‘excellent and reliable team’ represented repeat client Anglo American during the sale of its interest in Anglo American Norte, which operates two copper mines; the assistance included a preliminary environmental assessment of the facilities before the bidding process started and the client was also assisted with remediating the environmental breaches that were detected during due diligence. Nicolás Eyzaguirre is ‘a great lawyer’.

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Intellectual property
Intellectual property - ranked: tier 2

Claro & Cía.

With a stellar list of multinational clients, Claro & Cía. is an ‘excellent firm that clients can trust and that is very responsive and good value for money’; the practice has a strong reputation for handling highly complex and novel IP matters, both at regional and international levels; it covers the full range of IP advice, from patent and trade mark registration, prosecution and litigation, to the IP aspects of the country’s largest M&A transactions. It also acts in niche areas such as data protection. Department head Felipe Claro (an ‘excellent lawyer who has broad knowledge of IP issues’) has over 25 years’ experience and is the current President of AIPPI International; counsel Paulina Bardón (who is ‘always very responsive and accurate in her advice’) heads the department’s trade marks practice group.

Leading lawyers

Felipe Claro - Claro & Cía.

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Projects and infrastructure
Projects and infrastructure - ranked: tier 1

Claro & Cía.

Claro & Cía.’s projects practice highlights include Rodrigo Ochagavía acting for Rabobank on the financing for the construction of the Laberinto solar power plant; and José Luis Ambrosy leading advice to SunEdison (as sponsor) and Chungungo (as project company) on the development and financing (by Chile’s largest commercial bank, Corpbanca, and Norway’s largest financial services group, DNB), for the construction of a 110MW solar power plant. Sebastián Eyzaguirre assisted Spain’s Abertis Infraestructuras take full control of a concession to run Chile’s busiest toll road. Jorge Martín, Matías de Marchena and Luisa Núñez are also recommended.

Leading lawyers

Rodrigo Ochagavía - Claro & Cía.

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Tax
Tax - ranked: tier 4

Claro & Cía.

Among the best in Chile’, Claro & Cía.’s ‘solid team has great business vision and the pricing and quality of advice are appropriate to the service provided’. It advised Wal-Mart Stores on tax-related restructuring matters and tax-efficient structures; and also advised the same client’s Chilean subsidiaries on tax litigation, including transfer-pricing issues and representation before the tax courts. Partner Jorge Carraha leads a team of five associates; his ‘strength is extensive knowledge of international taxation’.

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Chile: Energy and natural resources

Electricity/oil and gas
Energy and natural resources: electricity - ranked: tier 1

Claro & Cía.

Energy and natural resources: oil and gas - ranked: tier 1

Claro & Cía.

Claro & Cía. has ‘a consistently excellent track record’ for its legal assistance with natural resources, traditional and non-traditional energy, oil and gas, and water issues; the ‘high-calibre team’ advises on projects involving the construction of hydroelectric generators and plants for the exploitation of alternative fuels (both liquid and gas). It has also acted on the financing and construction of oil-and-gas pipelines between Chile and Argentina. Rodrigo Ochagavía is very active with generator, transmission and distribution companies; José Luis Ambrosy is a project finance specialist; and Nicolás Eyzaguirre is an ‘outstanding lawyer who is very responsive and knows what legal advice clients actually need’.

Leading lawyers

Nicolás Eyzaguirre - Claro & Cía.

Rodrigo Ochagavía - Claro & Cía.

[back to top]

Mining
Energy and natural resources: mining - ranked: tier 2

Claro & Cía.

Claro & Cía.’s transactional highlights saw the team assist Freeport-McMoRan, the largest copper producer in the world, with several option agreements with different companies for mining concessions, mostly in northern Chile. In contentious matters, the practice represented Anglo American Chile Inversiones (AACI) (subsidiary to one of the largest mining companies in the world) in a civil court claim against a National Treasury resolution that included an AACI mining concession within an auction list as a result of unpaid mining licenses. Nicolás Eyzaguirrecannot be recommended highly enough’.

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Latin America: International firms

Local practitioners of note (by country)

A doyen of international arbitration, Francisco Orrego Vicuña of 20 Essex Street is regularly appointed either to serve as arbitrator or to act as tribunal member in high-profile disputes in forums such as the ICC, the LCIA, UNCITRAL and the ICDR (where he is on the energy arbitrators’ list). Andrés Jana heads the investment treaty focused arbitration practice at Bofill, Mir & Alvarez Jana; he is ‘a highly regarded international arbitration expert’ whose clients include the Republic of Chile and Quiborax (recently representing the latter in an ICSID dispute relating to the confiscation by Bolivia of 11 mining concessions). Claro & Cía.’s Felipe Ossa has acted as counsel in ad hoc as well as ICC, ICSID, LCIA and UNCITRAL arbitrations. Other senior arbitration specialists in the country include Carlos Eugenio Jorquiera, who serves as president of the Centre for Arbitration and Mediation at the Santiago Chamber of Commerce; Jorge Carey, the chairman of Carey; and Yrarrázaval, Ruiz-Tagle, Goldenberg, Lagos & Silva founding partner Arturo Yrarrázaval Covarrubias.

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Chile

Banking and finance
Banking and finance - ranked: tier 1

Claro & Cía.

Standing heads and shoulders above other firms’, Claro & Cía.’s finance practice has been particularly active in the energy sector. Renewable energy highlights include advising SunEdison (as sponsor) and Chungungo (as project company) during the development and financing (by Corpbanca and DnB NOR) of the Quilapilún 110MWp solar power plant, marking SunEdison’s first power plant in the region and one of Chile’s largest. The team also acted for Empresa Eléctrica Guacolda on both capital markets deals and financings, including: the issuance and sale to Citigroup Global Markets, Goldman, Sachs & Co and Itau BBA USA Securities of $500m senior secured notes; entering into a $330m credit facility with Sumitomo Mitsui Banking Corporation (as administrative agent for the lenders) and Citigroup Global Markets, Goldman, Sachs & Co and Itau BBA USA Securities (as joint lead arrangers and joint book-runners); and a revolving credit facility with Banco de Chile for up to approximately $45m. Other key instructions saw the team advising Scotiabank Chile and Banco Del Estado De Chile on a senior secured credit facility for $400m, granted to a subsidiary of Empresas Públicas de Medellín to refinance the acquisition of Aguas de Antofagasta. Rodrigo Ochagavía, Jorge Martín and José Luis Ambrosy are highly rated advisers.

Leading lawyers

Jorge Martín - Claro & Cía.

José Luis Ambrosy - Claro & Cía.

Rodrigo Ochagavía - Claro & Cía.

[back to top]

Competition and antitrust
Competition and antitrust - ranked: tier 1

Claro & Cía.

Claro & Cía. provides ‘top-level advice’ to its clients on the competition law aspects of their business activities, including significant merger clearance matters. The practice also defends their interests during matters before the Competition Tribunal (TDLC), as well as during consultation procedures before Chile’s antitrust authorities; in recent years, the firm’s antitrust team has acted on several high-profile cases. Cristóbal Eyzaguirre is recommended and José Miguel Huerta is especially focused on government proceedings and investigations into mergers and cartels.

Leading lawyers

Cristóbal Eyzaguirre - Claro & Cía.

[back to top]

Corporate and M&A
Corporate and M&A - ranked: tier 1

Claro & Cía.

Claro & Cía.’s ‘overall level of service is outstanding: the depth of legal knowledge, business acumen and industry knowledge, the strength of teams and their responsiveness is exceptional’. Mega-deal mergers in the financial institutions sector saw department head José María Eyzaguirre Baeza (‘excellent legal knowledge and outstanding commercial acumen’) and Felipe Larraín (‘great knowledge and expertise and provides solid advice’) advise Corpbanca and its controlling shareholder, Corpgroup, during the $7bn merger between Corpbanca and Banco Itau Chile to combine banking operations in Chile and Colombia; in the same deal Cristóbal Eyzaguirre and Luisa Núñez acted for Banco Itau Chile and its controlling shareholder, Itau Unibanco. Major restructuring mandates included the team assisting Empresa Nacional de Electricidad with the reorganisation of Enersis, Chilectra and Endesa Chile, which consisted of the separation of electricity generation and distribution activities and assets in Chile from those in Argentina, Brazil, Colombia and Peru. Acquisition mandates included the team acting for Prudential Financial on the approximately $600m purchase of 80% of Administradora de Fondos de Pensiones Habitat; and in the mining sector it advised Anglo American on the $300m sale of Anglo American Norte (the company that owns the Mantoverde and Mantos Blancos copper mines in northern Chile). Rodrigo Ochagavía, Hernán Felipe Valdés and Matías de Marchena are recommended. Jorge Martín and José Luis Ambrosy also deserve mention.

Leading lawyers

Cristóbal Eyzaguirre - Claro & Cía.

[back to top]

Dispute resolution
Dispute resolution - ranked: tier 1

Claro & Cía.

Claro & Cía. is recommended for its ‘expert handling’ of civil, commercial, employment, tax, corporate, administrative and IP-related cases, and is particularly focused on complex commercial litigation and transnational conflicts. It also has a criminal law group that specialises in white-collar crime and has a widely recognised practice in national and international arbitration that is predominantly focused on construction, energy, mining and shareholders disputes, as well as financial services, insurance, distribution and franchising; the practice also assists clients during investment disputes with sovereign states and is experienced in acting before Chilean courts on interim measures, enforcement of arbitral awards and annulment proceedings. The ‘hugely responsiveJose María Eyzaguirre García de la Huerta is senior partner and litigation head and has ‘great business sense’; Cristóbal Eyzaguirre, Nicolás Luco, Felipe Ossa and José Miguel Huerta are also recommended.

Leading lawyers

Cristóbal Eyzaguirre - Claro & Cía.

Nicolás Luco - Claro & Cía.

[back to top]

Environment
Environment - ranked: tier 3

Claro & Cía.

Claro & Cía.’s ‘excellent and reliable team’ represented repeat client Anglo American during the sale of its interest in Anglo American Norte, which operates two copper mines; the assistance included a preliminary environmental assessment of the facilities before the bidding process started and the client was also assisted with remediating the environmental breaches that were detected during due diligence. Nicolás Eyzaguirre is ‘a great lawyer’.

[back to top]

Intellectual property
Intellectual property - ranked: tier 2

Claro & Cía.

With a stellar list of multinational clients, Claro & Cía. is an ‘excellent firm that clients can trust and that is very responsive and good value for money’; the practice has a strong reputation for handling highly complex and novel IP matters, both at regional and international levels; it covers the full range of IP advice, from patent and trade mark registration, prosecution and litigation, to the IP aspects of the country’s largest M&A transactions. It also acts in niche areas such as data protection. Department head Felipe Claro (an ‘excellent lawyer who has broad knowledge of IP issues’) has over 25 years’ experience and is the current President of AIPPI International; counsel Paulina Bardón (who is ‘always very responsive and accurate in her advice’) heads the department’s trade marks practice group.

Leading lawyers

Felipe Claro - Claro & Cía.

[back to top]

Projects and infrastructure
Projects and infrastructure - ranked: tier 1

Claro & Cía.

Claro & Cía.’s projects practice highlights include Rodrigo Ochagavía acting for Rabobank on the financing for the construction of the Laberinto solar power plant; and José Luis Ambrosy leading advice to SunEdison (as sponsor) and Chungungo (as project company) on the development and financing (by Chile’s largest commercial bank, Corpbanca, and Norway’s largest financial services group, DNB), for the construction of a 110MW solar power plant. Sebastián Eyzaguirre assisted Spain’s Abertis Infraestructuras take full control of a concession to run Chile’s busiest toll road. Jorge Martín, Matías de Marchena and Luisa Núñez are also recommended.

Leading lawyers

Rodrigo Ochagavía - Claro & Cía.

[back to top]

Tax
Tax - ranked: tier 4

Claro & Cía.

Among the best in Chile’, Claro & Cía.’s ‘solid team has great business vision and the pricing and quality of advice are appropriate to the service provided’. It advised Wal-Mart Stores on tax-related restructuring matters and tax-efficient structures; and also advised the same client’s Chilean subsidiaries on tax litigation, including transfer-pricing issues and representation before the tax courts. Partner Jorge Carraha leads a team of five associates; his ‘strength is extensive knowledge of international taxation’.

[back to top]

Chile: Energy and natural resources

Electricity/oil and gas
Energy and natural resources: electricity - ranked: tier 1

Claro & Cía.

Energy and natural resources: oil and gas - ranked: tier 1

Claro & Cía.

Claro & Cía. has ‘a consistently excellent track record’ for its legal assistance with natural resources, traditional and non-traditional energy, oil and gas, and water issues; the ‘high-calibre team’ advises on projects involving the construction of hydroelectric generators and plants for the exploitation of alternative fuels (both liquid and gas). It has also acted on the financing and construction of oil-and-gas pipelines between Chile and Argentina. Rodrigo Ochagavía is very active with generator, transmission and distribution companies; José Luis Ambrosy is a project finance specialist; and Nicolás Eyzaguirre is an ‘outstanding lawyer who is very responsive and knows what legal advice clients actually need’.

Leading lawyers

Nicolás Eyzaguirre - Claro & Cía.

Rodrigo Ochagavía - Claro & Cía.

[back to top]

Mining
Energy and natural resources: mining - ranked: tier 2

Claro & Cía.

Claro & Cía.’s transactional highlights saw the team assist Freeport-McMoRan, the largest copper producer in the world, with several option agreements with different companies for mining concessions, mostly in northern Chile. In contentious matters, the practice represented Anglo American Chile Inversiones (AACI) (subsidiary to one of the largest mining companies in the world) in a civil court claim against a National Treasury resolution that included an AACI mining concession within an auction list as a result of unpaid mining licenses. Nicolás Eyzaguirrecannot be recommended highly enough’.

[back to top]

Latin America: International firms

Local practitioners of note (by country)

A doyen of international arbitration, Francisco Orrego Vicuña of 20 Essex Street is regularly appointed either to serve as arbitrator or to act as tribunal member in high-profile disputes in forums such as the ICC, the LCIA, UNCITRAL and the ICDR (where he is on the energy arbitrators’ list). Andrés Jana heads the investment treaty focused arbitration practice at Bofill, Mir & Alvarez Jana; he is ‘a highly regarded international arbitration expert’ whose clients include the Republic of Chile and Quiborax (recently representing the latter in an ICSID dispute relating to the confiscation by Bolivia of 11 mining concessions). Claro & Cía.’s Felipe Ossa has acted as counsel in ad hoc as well as ICC, ICSID, LCIA and UNCITRAL arbitrations. Other senior arbitration specialists in the country include Carlos Eugenio Jorquiera, who serves as president of the Centre for Arbitration and Mediation at the Santiago Chamber of Commerce; Jorge Carey, the chairman of Carey; and Yrarrázaval, Ruiz-Tagle, Goldenberg, Lagos & Silva founding partner Arturo Yrarrázaval Covarrubias.

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Further information on Claro & Cia.

Please choose from this list to view details of what we say about Claro & Cia. in other jurisdictions.

Chile

Offices in Santiago

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