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Oscar Aitken

Work +56 2 2928 2223

Work Department

Labor and Immigration / Engineering and Construction groups.


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.


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).


Spanish and English.


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).


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


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.

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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’;

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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.

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