The Legal 500

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

Oscar Aitken

Tel:
Work +56 2 2928 2223
Email:
Carey

Work Department

Labor and Immigration / Engineering and Construction groups.

Position

Partner, Carey.

Partner of Carey and head of the Labor and Immigration Group and co-head of the Construction and Engineering Group. His practice also includes litigation and arbitration, contracts, and general civil practice.
His labor and immigration practice includes collective bargaining, union matters, unfair labor practices, compensation and benefits, discrimination and general violations of employee fundamental rights, employment termination, work related illnesses and accidents, labor related litigation of all types, as well as work permits and visas for foreign personnel.
In the construction and engineering practice, Mr. Aitken has vast experience in contracts for all phases of engineering work, as well as in all forms of construction and infrastructures related contracts including Design Built, EPC, EPCM and BOT. His practice ranges from experience with early stages of project development to bidding (including public concessions and PPP project), negotiation and preparation of contract documents, claims management and dispute resolution.
Mr. Aitken also has experience in real estate and has been involved in a variety of projects from development of natural conservation parks to housing projects, office and apartment buildings, hotels, industrial developments, etc.

Career

Recognized as Leading Individual in Labor & Employment; Projects and Real Estate, Chambers Latin America.
Recognized in Project Finance & Infrastructure and in Labor, Latin Lawyer 250.
Recognized in Labor & Employment, Legal 500.Recognized as Leading Private Practitioner in Labor, LACCA.
Recognized in Construction; Labor and Employment; Public Procurement and Project Finance, Who’s Who Legal.
Recognized in Labor and Employment Law, Best Lawyers.
Lawyer of the Year Award in Labor & Employment, Best Lawyers (2015).
Winner in the Real Estate Category, Leading Lawyers, Idealis (2014).

Co-author of Chilean chapter, Outsourcing Book, Getting the Deal Through (2013-2015).

Frequent lecturer in seminars and conferences in Chile and abroad.

Professor of Specialization in Construction Law, Law School, Universidad de los Andes (2015).
Arbitrator of the Arbitration and Mediation Center, Santiago Chamber of Commerce.
Founding fellow and past board member, International Academy of Construction Lawyers (IACL).
Founding fellow and president, Chilean Society of Construction Law.
Assistant Professor of Labor Law, Universidad de Chile (1990-1999).

Languages

Spanish and English.

Member

Vice co-chair and co-chair of the Dispute Resolution Sub-Committee and International Construction Projects Practice Group, International Bar Association (2010-2014).
Member and past board member, Centro de Estudios de Derecho del Trabajo (CEDET).
Member of the American Immigration Lawyers Association (AILA).
Carey’s representative at Employment Law Alliance (ELA).

Education

Law, Universidad Chile (Summa Cum Laude).
LL.M., University of Michigan (1991).


Chile

Labour and employment

Within: Leading lawyers

Oscar Aitken - Carey

Within: Labour and employment

Carey advises national and multinational companies on hirings, compensation packages, terminations, labour law-related auditing, and labour due diligence for M&A deals. Other areas of expertise include internal investigations, social security-related matters and employee taxation, and the practice is regularly involved in collective bargaining procedures, labour law litigation and immigration matters. The team recently advised M&A and private equity consulting firm Mesoamerica on the labour and employment due diligence procedures surrounding the acquisition of a majority stake in Unifood; and acted for Deloitte Auditores y Consultores in a complex collective bargaining procedure with a union representing some 640 employees. Department head Oscar Aitken and Francisca Corti, along with associate Francisco Arce, are the key names.

[back to top]

Projects and infrastructure

Within: Projects and infrastructure

Carey has significant experience in industry sectors such as mining, shipyards, ports and airports, hospitals, and real estate, as well as in power and renewable energy – including wind, solar and hydro power. Recent highlight mandates include advising Asociación Chilena de Seguridad on the legal structuring of a major hospital expansion project; and assisting a major power transmission line company with the project finance for transmission lines and substation construction projects. Rafael Vergara, Oscar Aitken and Juan Francisco Mackenna are all highly active and well regarded, as are Alberto Cardemil, José Miguel Bustamante, and Juan Pablo Stitchkin; Felipe Moro is singled-out as ‘a very good lawyer who has great understanding of his clients’ needs’;

[back to top]

Real estate

Within: Real estate

Carey has broad experience in the development, financing, construction and sale of real estate projects, including residential, commercial and industrial property, as well as projects involving mining, energy, hotels, casinos, shopping centres and office buildings. Representative advice typically includes corporate, regulatory and tax structuring issues and the assessment of potential dispute resolution claims. Recent mandates saw the team act for high-profile real estate developer Sencorp in the negotiation of joint venture agreements entered into with a pension fund administrator for the development of a combined office-and-commercial project in Santiago. The recommended names are Oscar Aitken, Juan Pablo Stitchkin and practice director Eduardo Martin.

[back to top]


Back to index

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • BRIBERY ALLEGATIONS IN MORE THAN ONE JURISDICTION: THE IMPORTANCE OF ENSURING A JOINED-UP DEFENCE AP

    Aziz Rahman considers the Ericsson bribery investigation and outlines how best to respond if you are investigated by more than one law enforcement agency
  • Sulphur Cap Ahead - Regulatory

    Sulphur Cap Ahead - Regulatory
  • GTDT Shipping - India

    Mr Shardul Thacker heads the shipping, oil and gas and banking practice group at Mulla & Mulla & Craigie Blunt & Caroe. Lloyd’s List ranked him third in their top 10 lawyers stating: “Highly regarded for his work in the liquefied natural gas sector, particularly for interesting and highly geared finance deals in relation to infrastructure projects, energy, ports and ships.” india_-_gtdt_shipping_
  • BVI'S NEW ECONOMIC SUBSTANCE LEGISLATION

    The British Virgin Islands are rushing to pass by the end of December the new economic substance legislation to avoid the EU’s blacklist of tax haven jurisdictions.
  • Chambers Guides - Insurance 2018 - India

    India is a common-law jurisdiction. In general, Indian laws borrow heavily from, and are based on, English law. However, insurance law in India has certain unique features that deviate from English insurance law. The primary legislation of insurance law in India is the Insurance Act, 1938 (the “Insurance Act”) and the Insurance Rules, 1939 (the “Insurance Rules”).
  • AVELLUM advised largest Ukrainian brick manufacturer on restructuring and refinancing of its debt

    AVELLUM acted as the Ukrainian legal counsel to Private Joint Stock Company with Foreign Investments “Slobozhanska Budivelna Keramika” (“SBK ”) in connection with the restructuring and refinancing of SBK’s debt, valued at approximately EUR20 million. Atlas Advisors, an independent investment banking firm, acted as the exclusive financial advisor to the SBK’s shareholders in connection with the restructuring of the credit portfolio, attraction of financing for the debt’s refinancing, and buy-out of SBK’s shares.
  • AVELLUM advises on Ukraine’s USD2 billion Eurobond issue

    AVELLUM acted as the Ukrainian legal counsel to the Ministry of Finance of Ukraine on the USD2 billion sovereign Eurobond issue consisting of two tranches with 5.5 and 10-year tenor. J.P. Morgan Securities, Goldman Sachs, BNP Paribas, and Citigroup acted as joint lead managers on the transaction.
  • New Anti-Money Laundering Law

    The new anti-money laundering ( AML ) law of the UAE took effect at the end of October 2018. Containing features recommended by the Financial Action Task Force ( FATF ), the new law introduces subtle but important changes to the AML landscape in the UAE. 
  • Confidentiality Under Renewed Focus

    The UAE federal government has recently issued a raft of important legislation, addressing and in many ways updating areas of law that are key to businesses in the jurisdiction. Amongst this legislation is Federal Decree-Law 14 of 2018 concerning the central bank and the organisation of financial institutions and activities (the New Banking Law ) and Federal Decree-Law 20 of 2018 concerning anti-money laundering and anti-terrorism financing (the New AML Law ). Both the New Banking Law and the New AML Law repeal and replace the previous legislation on their respective subjects. Importantly, the New Banking Law and the New AML Law have together enhanced the protection afforded to confidential information under UAE law, in particular where financial and legal service providers and their customers and clients are concerned. 
  • Israel Chapter in The Virtual Currency Regulation Review

    Earlier this year, the Israel Tax Authority (ITA) issued two circulars, one on the taxation of digital tokens and the second addressing the taxation of utility tokens in initial coin offerings (ICOs). Additionally, in March, the Israel Securities Authority (ISA) released a detailed interim report by the Committee for the Regulation of Public Offerings of Decentralized Cryptocurrency Coins (Report) (with a follow-up report due to come out around October 2018). Moreover, it is expected that before the end of 2018, legislation will come into force that for the first time will see Israeli primary legislation define virtual currencies as financial assets and mandate licensing for related services, as is later discussed in detail.