The Legal 500

AV ISIDORA GOYENECHEA 2800, FLOOR 43, LAS CONDES, SANTIAGO, PO 755-0647, CHILE
Tel:
Work +56 2 2928 2200
Email:
Web:
www.carey.cl

Chile

Banking and finance
Banking and finance - ranked: tier 1

Carey

Carey’s ‘team provides practical, sophisticated advice alongside excellent delivery and is always available’. It advised Industrial Commercial Bank of China (ICBC), China Development Bank (CDB), Bank of China and Export-Import Bank of China on a $7bn loan granted to a Chinese mining consortium, to fund the acquisition and development of Peru’s Las Bambas copper mine; and acted for Scotiabank Chile on the $3bn loan granted to retailer Cencosud. Other highlights included assisting DNB Bank and a syndicate of banks with a loan of up to approximately $701m, granted to Cooke Aquaculture to refinance its existing debt and finance acquisitions in the UK; and acting for Credit Suisse and other lenders, on the refinancing of Emeco Holdings’ existing debt facilities. Additionally, Endesa, Chile’s largest utilities provider, instructed the firm on a revolving credit facility worth $200m; and the practice’s recent capital markets experience included assisting wood manufacturer Masisa with a $300m notes issuance. Department heads Juan Guillermo Levine, Diego Peralta and Francisco Ugarte are ‘highly experienced advisers’. Felipe Moro is also recommended.

Leading lawyers

Diego Peralta - Carey

[back to top]

Competition and antitrust
Competition and antitrust - ranked: tier 1

Carey

Providing a ‘first-class service’ with ‘deep knowledge of applicable regulations and good industry understanding’, Carey has extensive experience in representing both domestic and international clients in litigation before the Antitrust Court and the Supreme Court, and also in investigations before the National Economic Prosecutor (FNE). The team advised Hapag-Lloyd (HLAG) in the FNE’s investigation into the potential combination of HLAG and the container shipping activities of Compañía Sud Americana de Vapores, which constituted one of the largest and most complex operations to be reviewed by the Chilean competition authorities. It also designed and implemented an antitrust compliance programme for CTI Generadoras de Chile, a trade association of power generation companies. In contentious matters, the practice represented Masisa in proceedings initiated by Silcosil claiming that Masisa had engaged in unfair competition conduct, including predatory pricing conducts; and assisted Clorox with an investigation initiated by the FNE to look into alleged supermarket cartel practices. Department heads Claudio Lizana and Lorena Pavic are ‘excellent professionals’. Former associate Juan Enrique Coeymans left to establish Coeymans, Edwards y Poblete.

Leading lawyers

Claudio Lizana - Carey

Lorena Pavic - Carey

[back to top]

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

Carey

Carey’s ‘M&A team is truly exceptional; it is not only technically qualified but it also tailors itself to clients’ needs. It is worth every dollar paid for its services’. The market leading practice group is over 50 lawyers strong and is experienced across all aspects of the corporate sector; it has particular profile for its expertise in structuring transactions with tax efficient alternatives, advising on the financing aspects of investments, and the handling of corporate governance issues. A strong year in a weak market saw the team engaged in an array of deals: Pablo Iacobelli and Salvador Valdés led advice to retail pharmacy business Grupo Casa Saba on its $638m sale of Farmacias Ahumada to Alliance Boots (the deal included Farmacias Ahumada’s Chilean and Mexican businesses); and Iacobelli and Guillermo Acuña acted for Liberty Global on the $418m acquisition of a 20% stake of VTR, Chile’s largest cable operator. Finance head Diego Peralta and Francisco Ugarte combined to assist The Bank of Nova Scotia and Scotiabank Chile with the negotiation of a 15-year business alliance between Cencosud, Cencosud Retail and other subsidiaries to grow the group’s consumer finance business; and in the entertainment sector, Ugarte assisted Mexican cinema chain Cinépolis enter the Chilean market via its acquisition of Cine Hoyts. Other highlights included representing Norwegian aquaculture business EWOS, on its $183m acquisition of Chilean fish-farming company, Nova Austral (and subsidiary Comercial Austral); acting for Masisa on a complex investment agreement with Delaware Hancock Chilean Plantations for the development of a forestry joint venture; advising Christus Health on its acquisition of Colmena Salud’s stake in the San Carlos de Apoquindo clinic in Chile; and advising Penguin Random House on the $99m acquisition of publishing house Santillana. Jorge Carey is ‘exactly what you would hope for in a senior partner of a large firm: he is judicious, pragmatic and diplomatic’. Cristián Eyzaguirre is ‘a very good corporate lawyer’, who is noted for being ‘very strong technically’. Other key practitioners include the ‘highly reputed’ managing partner Jaime Carey, competition specialist Claudio Lizana and the real estate oriented Marcos Ríos. Former associates Alejandro Edwards and Tomás Poblete left to found Coeymans, Edwards y Poblete.

Leading lawyers

Jaime Carey - Carey

Pablo Iacobelli - Carey

[back to top]

Dispute resolution
Dispute resolution - ranked: tier 1

Carey

Corporate powerhouse Carey is ‘a highly recommended, top-notch law firm in Chile that always keeps in mind the client’s ultimate objective’. It defended Fundación Isabel Aninat against complex legal actions filed by its founder’s heirs, which involved civil, commercial and canonic law; and acted for the Chilean government in an International Centre for Settlement of Investment Disputes (ICSID) resubmission procedure that involved international, investment, commercial and civil law. The team also acted for pension fund AFP Provida in a headline judicial proceeding initiated by several banking institutions’ unions that alleged that AFP failed to fulfil its obligation to ensure adequate profitability of its clients’ investments. Other highlights included defending Novartis in a breach-of-contract claim filed by a salmon company. Evidence of the team’s construction-disputes experience includes advising Comercial Cerro El Plomo, as owner, on its claim over delays in the building of a hotel by a contractor. Gonzalo Fernández and Ricardo Reveco are recommended.

Leading lawyers

[back to top]

Environment
Environment - ranked: tier 1

Carey

Carey’s recent mandates include advising International Pattern Energy on obtaining the environmental approval for the construction and operation of a 306MW photovoltaic plant, one of the largest of its type in Chile, the advice included negotiation of the acquisition of the legal titles over the surface lands from the state. Other matters include assisting Hidroeléctrica Ensenada with its regulatory compliance programme; and on the contentious side, acting for Latin America Power and Hidroeléctrica Centinela in the defence of the environmental approvals granted for the construction and operation of a transmission line, and for two hydroelectric power plants, respectively. Department head Rafael Vergara, Juan Francisco Mackenna and Alberto Cardemil are recommended. Other clients include Origin Energy, Andes Mainstream and Minera Sierra Gorda.

[back to top]

Insurance
Insurance - ranked: tier 1

Carey

Carey’s ‘team stands out for its high level of expertise and service’. The practice group acted for OPIC and IFC on the structuring, negotiation and execution of an insurance and reinsurance package. Commercial deals included advising two local credit insurance companies, Mapfre Garantías y Crédito and Euler Hermes Seguros de Crédito, on their merger, marking the first insurance company merger under the recent Reglamento de la Ley de Sociedades Anónimas. It also acted for Scotiabank Chile on the structuring of a joint venture with Cencosud, which included advising on administrative insurance regulations and analysing the potential commercialisation of insurance policies. Key figures Diego Peralta, Pablo Iacobelli, Marcos Ríos and Guillermo Acuña are all strongly recommended. Other clients include Liberty, MetLife, Solunión, Provida, Zurich and AIG.

[back to top]

Intellectual property
Intellectual property - ranked: tier 1

Carey

Carey’s active IP clients include PepsiCo, Boehringer Ingelheim, The North Face, Nestlé and Merck. The team acted for Nissan Motor on the successful filing and registering of 60 trade marks in the Chilean market, as part of the client’s automobile business portfolio; and also advised a Chilean football club on the proper protection of its industrial property assets, particularly trade marks and domain names. Other key instructions included assisting Calzados Beba with trade mark protection issues and advising Duratray on the prosecution of several patent applications. General matters include obtaining protection for an appellation of origin, oppositions and cancellation actions, revocation procedures before the NIC, patent applications and infraction suits, and matters pertaining to franchise and distribution agreements. Department heads Guillermo Carey and Francisco Carey are recommended practitioners.

Leading lawyers

Guillermo Carey - Carey

[back to top]

Labour and employment
Labour and employment - ranked: tier 1

Carey

Carey is vastly experienced in assisting national and multinational companies with hiring processes, compensation packages, terminations and lay-offs, as well as labour-related compliance issues, subcontracting, transactional labour due diligence, and outsourcings. It also undertakes internal investigations and handles social security and employee taxation matters. The17-strong practice group’s recent mandates include advising an employer on an unfair dismissal case; managing labour law-related due diligence during the client’s acquisition of a business line of its former distributor; and assisting with collective bargaining processes. Other matters include labour contingency analysis, the revision of severance payment policies, and various contentious matters. Practice head Oscar Aitken is ‘a deeply experienced labour and employment law adviser who leaves clients feeling reassured’.

Leading lawyers

Oscar Aitken - Carey

[back to top]

Projects and infrastructure
Projects and infrastructure - ranked: tier 1

Carey

Carey’s ‘partners and associates are consistently excellent, and the legal service product is also first-class’. The team recently advised Latin America Power on the development of a 184.8MW wind farm in southern Chile; and acted for OPIC and the IFC on the financing of a 141MW photovoltaic power plant. Other project highlights included assisting Pattern Development with the option to purchase a 30% stake in Conejo Solar; and advising RIJN Capital, as sponsor and parent company of Planta Solar San Pedro III, on the development and financing of the construction, operation and maintenance of a photovoltaic power plant. Juan Guillermo Levine is strongly recommended; Rafael Vergara is ‘an excellent lawyer, with deep knowledge of the mining industry’ and who is ‘capable of defending the interests of companies that are smaller than their counter-parties’; and Felipe Moro is ‘very knowledgeable and efficient’. Other key advisers include head of the engineering and construction practice, Oscar Aitken, and energy team leader Juan Francisco Mackenna, along with Guillermo Acuña, José Miguel Bustamante and Alberto Cardemil. Former project finance co-head María Fernanda Carvajal has left practice.

Leading lawyers

[back to top]

Public law
Public law - ranked: tier 1

Carey

Full service leviathan Careyoffers very good service and top-notch legal counsel in Chile’. The firm stands out for its experience in regulated industries such as energy, oil and mining, in addition to ports, construction and pharmaceuticals, and has a client base including state-owned entities as well as private companies across the regulated sectors. Recent state-side mandates include advising the Ministry of Energy on the application of 2013’s Supreme Decree No 14, concerning sub-transmission electricity tariffs in the power sector. Other matters include advising Roche on challenging the award of a public tender and an administrative claim; and on the contentious side, representing TrackGroup (formerly SecureAlert) before Chile’s national prison service which initiated a proceeding for the early termination of a public contract that provided electronic bracelets to monitor offenders. Co-department heads Lorena Pavic and Fernando García are recommended.

[back to top]

Real estate
Real estate - ranked: tier 2

Carey

Carey’s real estate practice is ‘highly recommended when engaging external counsel’. The team advised JP Morgan on contracts for its offices in Chile; and acted for Senexco on several real estate projects. It also assisted Driscoll’s with the sale of several farms to Agrícola Gonsende. Other commercial property matters included advising Jeunesse Global on a 10-year lease agreement. Alfonso Silva and Oscar Aitken are both highly rated. Senior associate Juan Pablo Stitchkin was elected partner in June 2015 and will co-lead both the real estate and engineering-and-construction practices. Other clients include Pacific Hydro, Goldman Sachs and Grupo Patio.

[back to top]

TMT
TMT - ranked: tier 1

Carey

Excellent firm’, Carey has ‘a great team that provides timely responses and its advice is always accurate’. Recent highlights include assisting multi-channel television provider, VTR GlobalCom, with both the negotiation and execution of a roaming agreement with Telefónica Móvil Chile, as well as on the bankruptcy of one of its installation and technical services contractors. The practice group also acted for Motorola Mobility on the regulatory aspects of the commercialisation of its mobile telephony handsets in Chile; and advises British Telecom on an ongoing basis on legal, regulatory, commercial and labour law matters regarding its operations in Chile. A prominent figure in the sector, Alfonso Silva heads up the team, and regulatory director Eduardo Martin is recommended for his ‘knowledge, practical viewpoints, and efficiency’.

Leading lawyers

Alfonso Silva - Carey

[back to top]

Tax
Tax - ranked: tier 1

Carey

Carey’s ‘excellent, top-notch team’ is 16-strong (including 3 partners) and can also count on three certified public accountants. The practice advised Christus Health on the tax structuring of its acquisition of 50% of the San Carlos de Apoquindo Clinic; acted for Endesa on the identification of tax considerations pertaining to its issuance of bonds in the US; and assisted Masisa with the restructuring of the assets of a forestry joint venture in a tax efficient manner in preparation for their sale. VAT-related matters included advising Parque Eólico El Arrayán on obtaining a VAT refund in relation to the acquisition and construction of fixed assets. Department heads Jaime Carey, Jessica Power and Alex Fischer are highly rated practitioners; Fischer ‘understands business objectives and always sees the big picture’.

Leading lawyers

Alex Fischer - Carey

Jessica Power - Carey

[back to top]

Chile: Energy and natural resources

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

Carey

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

Carey

Carey’s ‘excellent team always gets straight to the point and is very quick to understand the essence of clients’ problems; it is also very effective at presenting cases and understands complex technical matters’. The team provides ongoing legal advice to Codelco on the world’s largest thermo-solar plant; and acted for Terna Plus on the due diligence process for the acquisition of two photovoltaic plants. It also assisted A&E on a power purchase agreement (PPA) and related contracts with the European Organisation for Astronomical Research in the Southern Hemisphere to provide solar energy for an astronomical observatory; and advised Andes Mainstream on the development of wind farms and solar photovoltaic projects, including all related environmental issues and the negotiation of services and project agreements. In gas matters, the team acted for ENAP on the negotiation, drafting and execution of gas supply agreements with third parties; and the team provides ongoing advice to Pacific Hydro Group on the designing of water rights legal strategy, regulation and permit issues for the development of hydropower plants. Juan Francisco Mackenna and Alberto Cardemil are recommended; and José Miguel Bustamante who has vast expertise in energy regulatory matters and the development of energy projects, made partner in 2014.

Leading lawyers

[back to top]

Mining
Energy and natural resources: mining - ranked: tier 1

Carey

Fielding ‘a very deep team’, Carey’s overall level of service is rated as ‘excellent and on a par with what clients expect from a top firm in New York or London. The lawyers are highly responsive, have detailed knowledge of the mining industry and strong relationships with Chile’s regulators and political figures’. The team advised Teck Quebrada Blanca on the expansion of its hypogene project, a mandate involving environmental issues and surface land rights. It also acted for Fortune Valley (Orosur Mining) on the sale of its participation in a gold project, including advising on mining easements; assisted Teck Relincho with the implementation of a large copper project; and acted for Kinross on the corporate restructuring of its mining assets. ‘A very strong mining lawyer’, department head Rafael Vergara is ‘creative, diligent and responsive, and has excellent technical skills and good judgment’. Alberto Cardemil and Francisco Corona are also recommended.

Leading lawyers

Rafael Vergara - Carey

[back to top]

Latin America: International firms

Local practitioners of note (by country)

Francisco Orrego Vicuña is one of the most recognised names in Latin America with an extensive career as an international arbitrator, including ad hoc and institutional arbitrations under the rules of the ICC, UNCITRAL and LCIA. Orrego Vicuña is a member of the 20 Essex Street chambers and is also on the ICDR’s Energy Arbitration list; most recently, he acted as tribunal member appointed by the claimant in Highbury International, Compañía Minera de Bajo Caroní, and Ramstein Trading v Venezuela. Andrés Jana is a key figure in the Chilean and regional international arbitration scenario. Leading the dispute resolution team at Bofill Mir & Alvarez Jana Abogados, Jana was recently appointed by the respondent in the ICSID case Cervin Investissements and Rhone Investissements v Costa Rica. Felipe Ossa has been appointed arbitrator by the ICC and the Santiago Chamber of Commerce (CAM), and has also served as an expert on Chilean law issues in proceedings before international arbitral tribunals. A partner at Claro & Cia., he and his team acted as lead counsel to Nissan against Marubeni in emergency arbitration proceedings in Mexico under ICC rules. Senior figure Enrique Barros, name partner at Barros Letelier & González, recently chaired the arbitration tribunal in two high profile cases against Venezuela in the mining and banking sectors. Philippi Prietocarrizosa & Uria relies on highly regarded arbitration specialists Cristián Conejero and Ricardo Riesco, both have international experience – at European and New York firms, respectively. Other relevant senior arbitration specialists in the country include Jorge Carey (the senior partner at Carey), Carlos Eugenio Jorquiera, (President of the Centre for Arbitration and Mediation at the Santiago Chamber of Commerce), and Arturo Yrarrázaval Covarrubias (a founding partner at Yrarrázaval, Ruiz-Tagle, Goldenberg, Lagos & Silva.

[back to top]



Chile

Banking and finance
Banking and finance - ranked: tier 1

Carey

Carey’s ‘team provides practical, sophisticated advice alongside excellent delivery and is always available’. It advised Industrial Commercial Bank of China (ICBC), China Development Bank (CDB), Bank of China and Export-Import Bank of China on a $7bn loan granted to a Chinese mining consortium, to fund the acquisition and development of Peru’s Las Bambas copper mine; and acted for Scotiabank Chile on the $3bn loan granted to retailer Cencosud. Other highlights included assisting DNB Bank and a syndicate of banks with a loan of up to approximately $701m, granted to Cooke Aquaculture to refinance its existing debt and finance acquisitions in the UK; and acting for Credit Suisse and other lenders, on the refinancing of Emeco Holdings’ existing debt facilities. Additionally, Endesa, Chile’s largest utilities provider, instructed the firm on a revolving credit facility worth $200m; and the practice’s recent capital markets experience included assisting wood manufacturer Masisa with a $300m notes issuance. Department heads Juan Guillermo Levine, Diego Peralta and Francisco Ugarte are ‘highly experienced advisers’. Felipe Moro is also recommended.

Leading lawyers

Diego Peralta - Carey

[back to top]

Competition and antitrust
Competition and antitrust - ranked: tier 1

Carey

Providing a ‘first-class service’ with ‘deep knowledge of applicable regulations and good industry understanding’, Carey has extensive experience in representing both domestic and international clients in litigation before the Antitrust Court and the Supreme Court, and also in investigations before the National Economic Prosecutor (FNE). The team advised Hapag-Lloyd (HLAG) in the FNE’s investigation into the potential combination of HLAG and the container shipping activities of Compañía Sud Americana de Vapores, which constituted one of the largest and most complex operations to be reviewed by the Chilean competition authorities. It also designed and implemented an antitrust compliance programme for CTI Generadoras de Chile, a trade association of power generation companies. In contentious matters, the practice represented Masisa in proceedings initiated by Silcosil claiming that Masisa had engaged in unfair competition conduct, including predatory pricing conducts; and assisted Clorox with an investigation initiated by the FNE to look into alleged supermarket cartel practices. Department heads Claudio Lizana and Lorena Pavic are ‘excellent professionals’. Former associate Juan Enrique Coeymans left to establish Coeymans, Edwards y Poblete.

Leading lawyers

Claudio Lizana - Carey

Lorena Pavic - Carey

[back to top]

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

Carey

Carey’s ‘M&A team is truly exceptional; it is not only technically qualified but it also tailors itself to clients’ needs. It is worth every dollar paid for its services’. The market leading practice group is over 50 lawyers strong and is experienced across all aspects of the corporate sector; it has particular profile for its expertise in structuring transactions with tax efficient alternatives, advising on the financing aspects of investments, and the handling of corporate governance issues. A strong year in a weak market saw the team engaged in an array of deals: Pablo Iacobelli and Salvador Valdés led advice to retail pharmacy business Grupo Casa Saba on its $638m sale of Farmacias Ahumada to Alliance Boots (the deal included Farmacias Ahumada’s Chilean and Mexican businesses); and Iacobelli and Guillermo Acuña acted for Liberty Global on the $418m acquisition of a 20% stake of VTR, Chile’s largest cable operator. Finance head Diego Peralta and Francisco Ugarte combined to assist The Bank of Nova Scotia and Scotiabank Chile with the negotiation of a 15-year business alliance between Cencosud, Cencosud Retail and other subsidiaries to grow the group’s consumer finance business; and in the entertainment sector, Ugarte assisted Mexican cinema chain Cinépolis enter the Chilean market via its acquisition of Cine Hoyts. Other highlights included representing Norwegian aquaculture business EWOS, on its $183m acquisition of Chilean fish-farming company, Nova Austral (and subsidiary Comercial Austral); acting for Masisa on a complex investment agreement with Delaware Hancock Chilean Plantations for the development of a forestry joint venture; advising Christus Health on its acquisition of Colmena Salud’s stake in the San Carlos de Apoquindo clinic in Chile; and advising Penguin Random House on the $99m acquisition of publishing house Santillana. Jorge Carey is ‘exactly what you would hope for in a senior partner of a large firm: he is judicious, pragmatic and diplomatic’. Cristián Eyzaguirre is ‘a very good corporate lawyer’, who is noted for being ‘very strong technically’. Other key practitioners include the ‘highly reputed’ managing partner Jaime Carey, competition specialist Claudio Lizana and the real estate oriented Marcos Ríos. Former associates Alejandro Edwards and Tomás Poblete left to found Coeymans, Edwards y Poblete.

Leading lawyers

Jaime Carey - Carey

Pablo Iacobelli - Carey

[back to top]

Dispute resolution
Dispute resolution - ranked: tier 1

Carey

Corporate powerhouse Carey is ‘a highly recommended, top-notch law firm in Chile that always keeps in mind the client’s ultimate objective’. It defended Fundación Isabel Aninat against complex legal actions filed by its founder’s heirs, which involved civil, commercial and canonic law; and acted for the Chilean government in an International Centre for Settlement of Investment Disputes (ICSID) resubmission procedure that involved international, investment, commercial and civil law. The team also acted for pension fund AFP Provida in a headline judicial proceeding initiated by several banking institutions’ unions that alleged that AFP failed to fulfil its obligation to ensure adequate profitability of its clients’ investments. Other highlights included defending Novartis in a breach-of-contract claim filed by a salmon company. Evidence of the team’s construction-disputes experience includes advising Comercial Cerro El Plomo, as owner, on its claim over delays in the building of a hotel by a contractor. Gonzalo Fernández and Ricardo Reveco are recommended.

Leading lawyers

[back to top]

Environment
Environment - ranked: tier 1

Carey

Carey’s recent mandates include advising International Pattern Energy on obtaining the environmental approval for the construction and operation of a 306MW photovoltaic plant, one of the largest of its type in Chile, the advice included negotiation of the acquisition of the legal titles over the surface lands from the state. Other matters include assisting Hidroeléctrica Ensenada with its regulatory compliance programme; and on the contentious side, acting for Latin America Power and Hidroeléctrica Centinela in the defence of the environmental approvals granted for the construction and operation of a transmission line, and for two hydroelectric power plants, respectively. Department head Rafael Vergara, Juan Francisco Mackenna and Alberto Cardemil are recommended. Other clients include Origin Energy, Andes Mainstream and Minera Sierra Gorda.

[back to top]

Insurance
Insurance - ranked: tier 1

Carey

Carey’s ‘team stands out for its high level of expertise and service’. The practice group acted for OPIC and IFC on the structuring, negotiation and execution of an insurance and reinsurance package. Commercial deals included advising two local credit insurance companies, Mapfre Garantías y Crédito and Euler Hermes Seguros de Crédito, on their merger, marking the first insurance company merger under the recent Reglamento de la Ley de Sociedades Anónimas. It also acted for Scotiabank Chile on the structuring of a joint venture with Cencosud, which included advising on administrative insurance regulations and analysing the potential commercialisation of insurance policies. Key figures Diego Peralta, Pablo Iacobelli, Marcos Ríos and Guillermo Acuña are all strongly recommended. Other clients include Liberty, MetLife, Solunión, Provida, Zurich and AIG.

[back to top]

Intellectual property
Intellectual property - ranked: tier 1

Carey

Carey’s active IP clients include PepsiCo, Boehringer Ingelheim, The North Face, Nestlé and Merck. The team acted for Nissan Motor on the successful filing and registering of 60 trade marks in the Chilean market, as part of the client’s automobile business portfolio; and also advised a Chilean football club on the proper protection of its industrial property assets, particularly trade marks and domain names. Other key instructions included assisting Calzados Beba with trade mark protection issues and advising Duratray on the prosecution of several patent applications. General matters include obtaining protection for an appellation of origin, oppositions and cancellation actions, revocation procedures before the NIC, patent applications and infraction suits, and matters pertaining to franchise and distribution agreements. Department heads Guillermo Carey and Francisco Carey are recommended practitioners.

Leading lawyers

Guillermo Carey - Carey

[back to top]

Labour and employment
Labour and employment - ranked: tier 1

Carey

Carey is vastly experienced in assisting national and multinational companies with hiring processes, compensation packages, terminations and lay-offs, as well as labour-related compliance issues, subcontracting, transactional labour due diligence, and outsourcings. It also undertakes internal investigations and handles social security and employee taxation matters. The17-strong practice group’s recent mandates include advising an employer on an unfair dismissal case; managing labour law-related due diligence during the client’s acquisition of a business line of its former distributor; and assisting with collective bargaining processes. Other matters include labour contingency analysis, the revision of severance payment policies, and various contentious matters. Practice head Oscar Aitken is ‘a deeply experienced labour and employment law adviser who leaves clients feeling reassured’.

Leading lawyers

Oscar Aitken - Carey

[back to top]

Projects and infrastructure
Projects and infrastructure - ranked: tier 1

Carey

Carey’s ‘partners and associates are consistently excellent, and the legal service product is also first-class’. The team recently advised Latin America Power on the development of a 184.8MW wind farm in southern Chile; and acted for OPIC and the IFC on the financing of a 141MW photovoltaic power plant. Other project highlights included assisting Pattern Development with the option to purchase a 30% stake in Conejo Solar; and advising RIJN Capital, as sponsor and parent company of Planta Solar San Pedro III, on the development and financing of the construction, operation and maintenance of a photovoltaic power plant. Juan Guillermo Levine is strongly recommended; Rafael Vergara is ‘an excellent lawyer, with deep knowledge of the mining industry’ and who is ‘capable of defending the interests of companies that are smaller than their counter-parties’; and Felipe Moro is ‘very knowledgeable and efficient’. Other key advisers include head of the engineering and construction practice, Oscar Aitken, and energy team leader Juan Francisco Mackenna, along with Guillermo Acuña, José Miguel Bustamante and Alberto Cardemil. Former project finance co-head María Fernanda Carvajal has left practice.

Leading lawyers

[back to top]

Public law
Public law - ranked: tier 1

Carey

Full service leviathan Careyoffers very good service and top-notch legal counsel in Chile’. The firm stands out for its experience in regulated industries such as energy, oil and mining, in addition to ports, construction and pharmaceuticals, and has a client base including state-owned entities as well as private companies across the regulated sectors. Recent state-side mandates include advising the Ministry of Energy on the application of 2013’s Supreme Decree No 14, concerning sub-transmission electricity tariffs in the power sector. Other matters include advising Roche on challenging the award of a public tender and an administrative claim; and on the contentious side, representing TrackGroup (formerly SecureAlert) before Chile’s national prison service which initiated a proceeding for the early termination of a public contract that provided electronic bracelets to monitor offenders. Co-department heads Lorena Pavic and Fernando García are recommended.

[back to top]

Real estate
Real estate - ranked: tier 2

Carey

Carey’s real estate practice is ‘highly recommended when engaging external counsel’. The team advised JP Morgan on contracts for its offices in Chile; and acted for Senexco on several real estate projects. It also assisted Driscoll’s with the sale of several farms to Agrícola Gonsende. Other commercial property matters included advising Jeunesse Global on a 10-year lease agreement. Alfonso Silva and Oscar Aitken are both highly rated. Senior associate Juan Pablo Stitchkin was elected partner in June 2015 and will co-lead both the real estate and engineering-and-construction practices. Other clients include Pacific Hydro, Goldman Sachs and Grupo Patio.

[back to top]

TMT
TMT - ranked: tier 1

Carey

Excellent firm’, Carey has ‘a great team that provides timely responses and its advice is always accurate’. Recent highlights include assisting multi-channel television provider, VTR GlobalCom, with both the negotiation and execution of a roaming agreement with Telefónica Móvil Chile, as well as on the bankruptcy of one of its installation and technical services contractors. The practice group also acted for Motorola Mobility on the regulatory aspects of the commercialisation of its mobile telephony handsets in Chile; and advises British Telecom on an ongoing basis on legal, regulatory, commercial and labour law matters regarding its operations in Chile. A prominent figure in the sector, Alfonso Silva heads up the team, and regulatory director Eduardo Martin is recommended for his ‘knowledge, practical viewpoints, and efficiency’.

Leading lawyers

Alfonso Silva - Carey

[back to top]

Tax
Tax - ranked: tier 1

Carey

Carey’s ‘excellent, top-notch team’ is 16-strong (including 3 partners) and can also count on three certified public accountants. The practice advised Christus Health on the tax structuring of its acquisition of 50% of the San Carlos de Apoquindo Clinic; acted for Endesa on the identification of tax considerations pertaining to its issuance of bonds in the US; and assisted Masisa with the restructuring of the assets of a forestry joint venture in a tax efficient manner in preparation for their sale. VAT-related matters included advising Parque Eólico El Arrayán on obtaining a VAT refund in relation to the acquisition and construction of fixed assets. Department heads Jaime Carey, Jessica Power and Alex Fischer are highly rated practitioners; Fischer ‘understands business objectives and always sees the big picture’.

Leading lawyers

Alex Fischer - Carey

Jessica Power - Carey

[back to top]

Chile: Energy and natural resources

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

Carey

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

Carey

Carey’s ‘excellent team always gets straight to the point and is very quick to understand the essence of clients’ problems; it is also very effective at presenting cases and understands complex technical matters’. The team provides ongoing legal advice to Codelco on the world’s largest thermo-solar plant; and acted for Terna Plus on the due diligence process for the acquisition of two photovoltaic plants. It also assisted A&E on a power purchase agreement (PPA) and related contracts with the European Organisation for Astronomical Research in the Southern Hemisphere to provide solar energy for an astronomical observatory; and advised Andes Mainstream on the development of wind farms and solar photovoltaic projects, including all related environmental issues and the negotiation of services and project agreements. In gas matters, the team acted for ENAP on the negotiation, drafting and execution of gas supply agreements with third parties; and the team provides ongoing advice to Pacific Hydro Group on the designing of water rights legal strategy, regulation and permit issues for the development of hydropower plants. Juan Francisco Mackenna and Alberto Cardemil are recommended; and José Miguel Bustamante who has vast expertise in energy regulatory matters and the development of energy projects, made partner in 2014.

Leading lawyers

[back to top]

Mining
Energy and natural resources: mining - ranked: tier 1

Carey

Fielding ‘a very deep team’, Carey’s overall level of service is rated as ‘excellent and on a par with what clients expect from a top firm in New York or London. The lawyers are highly responsive, have detailed knowledge of the mining industry and strong relationships with Chile’s regulators and political figures’. The team advised Teck Quebrada Blanca on the expansion of its hypogene project, a mandate involving environmental issues and surface land rights. It also acted for Fortune Valley (Orosur Mining) on the sale of its participation in a gold project, including advising on mining easements; assisted Teck Relincho with the implementation of a large copper project; and acted for Kinross on the corporate restructuring of its mining assets. ‘A very strong mining lawyer’, department head Rafael Vergara is ‘creative, diligent and responsive, and has excellent technical skills and good judgment’. Alberto Cardemil and Francisco Corona are also recommended.

Leading lawyers

Rafael Vergara - Carey

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Latin America: International firms

Local practitioners of note (by country)

Francisco Orrego Vicuña is one of the most recognised names in Latin America with an extensive career as an international arbitrator, including ad hoc and institutional arbitrations under the rules of the ICC, UNCITRAL and LCIA. Orrego Vicuña is a member of the 20 Essex Street chambers and is also on the ICDR’s Energy Arbitration list; most recently, he acted as tribunal member appointed by the claimant in Highbury International, Compañía Minera de Bajo Caroní, and Ramstein Trading v Venezuela. Andrés Jana is a key figure in the Chilean and regional international arbitration scenario. Leading the dispute resolution team at Bofill Mir & Alvarez Jana Abogados, Jana was recently appointed by the respondent in the ICSID case Cervin Investissements and Rhone Investissements v Costa Rica. Felipe Ossa has been appointed arbitrator by the ICC and the Santiago Chamber of Commerce (CAM), and has also served as an expert on Chilean law issues in proceedings before international arbitral tribunals. A partner at Claro & Cia., he and his team acted as lead counsel to Nissan against Marubeni in emergency arbitration proceedings in Mexico under ICC rules. Senior figure Enrique Barros, name partner at Barros Letelier & González, recently chaired the arbitration tribunal in two high profile cases against Venezuela in the mining and banking sectors. Philippi Prietocarrizosa & Uria relies on highly regarded arbitration specialists Cristián Conejero and Ricardo Riesco, both have international experience – at European and New York firms, respectively. Other relevant senior arbitration specialists in the country include Jorge Carey (the senior partner at Carey), Carlos Eugenio Jorquiera, (President of the Centre for Arbitration and Mediation at the Santiago Chamber of Commerce), and Arturo Yrarrázaval Covarrubias (a founding partner at Yrarrázaval, Ruiz-Tagle, Goldenberg, Lagos & Silva.

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Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • 27 April 2016: Greatbatch/INTEGER

    Following completion of the acquisition of the Lake Region Medical groupe by Greatbatch, Inc. and the renaming of Lake Region Medical into INTEGER, Greatbatch contributed in multiple capital increases own shares to Swiss-based P Medical Holding AG/INTEGER (Switzerland) GmbH, which were swapped against shares in the Irish-based Lake Region Medical Holdings Limited. The transaction was completed by a down-stream merger of P Medical Holding AG into its subsidiary INTEGER (Switzerland) GmbH.
  • Liability Management Exercise of International Container Terminal Services, Inc. and affiliates

    SyCipLaw acted as Philippine counsel for the dealers, Citigroup Global Markets Limited and Hong Kong and Shanghai Banking Corporation in a back-to-back tender offer of perpetual securities and issuance of new perpetual securities.
  • New China Customs Taxation Policy on Cross-Border B2C E-Commerce Imports

    The Ministry of Finance, General Administration of Customs and State Administration of Taxation of China jointly issued a circular (“Joint Circular ”) relating to the taxation policy on the cross-border e-commerce retailing imports, with effect as from April 8, 2016.
  • Philippine Competition Commission Issues Transitory Rules for Mergers and Acquisition

    On February 12, 2016, the recently constituted Philippine Competition Commission (“PCC”), which was created under the Philippine Competition Act (Republic Act 10667 or the “PCA”), issued Memorandum Circular No. 16-001, Series of 2016 (the “Transitory Rules”), which provides for the transitory rules and guidelines relating to mergers and acquisitions that were, or are to be, executed or otherwise implemented after the effectivity of the PCA on August 8, 2015 but before the effectivity of its implementing rules and regulations (the “PCA IRR”). Given the special nature of transactions effected through the Philippine Stock Exchange, the Transitory Rules will not cover such transactions and will be covered by a separate issuance by the PCC.
  • Financing for the Mactan Cebu International Airport

    SyCipLaw acted as Philippine counsel to a syndicate of Philippine banks (composed of BDO Unibank, Inc., Bank of the Philippine Islands, Development Bank of the Philippines, Land Bank of the Philippines, Metropolitan Bank & Trust Company and Philippine National Bank) and Asian Development Bank for the financing of the rehabilitation and development of the Mactan Cebu International Airport that was awarded by the DOTC and the MCIAA under the private-public partnership program of the government to the consortium between Megawide Construction Corporation and GMR Infrastructure. The financing is composed of (1) Php20 Billion (approx. US$446,773,200) commitment of the Philippines syndicate banks and (2) US$75 Million commitment of ADB.
  • Philippine Competition Commission Issues Transitory Rules on PSE-related Mergers and Acquisitions

    On February 16, 2016, the recently constituted Philippine Competition Commission (“PCC”), which was created under the Philippine Competition Act (Republic Act 10667 or the “PCA”), issued Memorandum Circular No. 16-002, Series of 2016 (the “PSE Transitory Rules”), which provides for the transitory rules and guidelines relating to mergers and acquisitions that were, or are to be, executed or otherwise implemented through the Philippine Stock Exchange (“PSE”) and after the effectivity of the PCA on August 8, 2015 but before the effectivity of its implementing rules and regulations (the “PCA IRR”).
  • 2016: Insurance regulation in Asia Pacific – Ten things to know about 20 countries

    SyCipLaw contributed the Philippine Chapter of the 2016: Insurance Regulation in Asia Pacific – Ten things to know about 20 countries published by Norton Rose. The 2016 edition of the summary guide provides an overview and practical checklist of ten common regulatory issues for insurance companies. The Philippine chapter was contributed by SyCipLaw partner Hiyasmin H. Lapitan.
  • Predictive Coding Software in the E-Disclosure Process Approved by English Court

    In the recent case of Pyrrho Investments Limited and another v MWB Property Limited and others [2016] EWHC 256 (Ch), the High Court of England and Wales approved the use of predictive coding software in electronic discovery.
  • Enabling the Business of Agriculture 2016

    SyCipLaw Partners Rose Marie M. King-Dominguez and Franco Aristotle G. Larcina, with support from Senior Associate Ruben P. Acebedo II, participated in the World Bank Group’s Enabling the Business of Agriculture 2016: Comparing regulatory good practices. The report examines regulations that impact private enterprise in the agriculture and agribusiness sectors. The report aims to promote smart regulations that ensure safety and quality control, as well as efficient regulatory processes, that support thriving agribusinesses.
  • April 2016: Mövenpick invests in imported wine wholesaler Cheers in China

    Hospitality and food service industry company Mövenpick invests in Chinese wine wholesaler Cheers by acquiring a strategic stake. Cheers has 30 branch offices in the greater Beijing area and currently generates annual revenues of roughly three million Swiss francs. Mövenpick is a Swiss group of companies with global presence. Its core competency lies in the hospitality business, with a focus on gastronomy, hotels, wine and premium branded products.