Rocío Amarilla-Páez – GC Powerlist
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Chile 2023

Materials and mining

Rocío Amarilla-Páez

General counsel, sustainability and corporate affairs | Sierra Gorda SCM

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Chile 2023

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Rocío Amarilla-Páez

General counsel, sustainability and corporate affairs | Sierra Gorda SCM

What are the most significant cases or transactions that your legal team has recently been involved in?

Obtained the approval to a very important Environmental Impact Assessment (RCA) for the expansion and change in footprint of the Tailings Deposit (TSF). This was an excellent result, in a difficult context, in which mining projects have a challenging time in getting permits for large projects approved

We have completed an arbitration process of over $30m, with an unequivocal win to Sierra Gorda SCM´s position and case. Arbitrator resolution not only supported our case, but also granted us $3.6m in damages.

We just completed the negotiation of an EPCM contract for building additional capacity of the processing plant, in a project worth over $250m.

How important is choosing to work with external lawyers who align with your company’s values? Are you likely to reconsider what firms you work with based on this?

Working with external lawyers who align with Sierra Gorda SCM´s values is critical. Amongst other things, we value integrity and transparency; that is why we have worked continuously with the litigation and land management teams in Baker McKenzie. We also prioritise thorough specialisation, which is the basis on which I selected Clyde & Co. for contracts and construction advisory.

It is also important that external lawyers understand the company´s priorities and focus on matters that are relevant to the client, in a thorough and solid way.

Why are in-house lawyers well-placed to drive change in their organisations?

As general counsel, I am the go-to person when a strategy is developing to approve it from multiple legal perspectives as well as to ensure all required permits and government approvals are included in the plan. We must be careful to not be perceived as blockers, but as trusted advisors who ensure plans are implemented in a way that ensures long-term sustainability for the organisation.

In general, what would you like to see change about the external law firms you use?

It would be useful that external law firms offer more integral support, in the form of conferences, short spot-on-training, lectures on specific issues and, especially in the changing regulation. The billing process is also dated, and should align with results and success, rather than pure hourly rates. I would also like to see more women in the firms moving on to partnership positions.

What diversity, equity and inclusion initiatives have you and your legal department been championing within your company’s endeavours?

Sierra Gorda SCM´s legal team is 100% female; we are a team of four empowered women who advise all areas of the company, from board to operations, general managers to vice presidents, on all matters.

I am immensely proud of these women, as I have personally selected them amongst multiple candidates for their integrity, capabilities, and great personal skills. Some of us also form part of the company´s diversity and inclusion committee and the ethics committee.

As we live in a fast-paced world today, what skills will a corporate legal team need to succeed in the modern in-house industry?

In-house lawyers need to have a thorough understanding of the business the company runs, the markets and commercial topics involved. Staying aware of latest developments is also important in this role.

If existent, can you talk about you or your company’s efforts relating to renewability, sustainability or other environmentally friendly activities?

We have an excellent relationship with our neighbour community; Sierra Gorda SCM is the main employer in Sierra Gorda town. I am responsible for that program, that is a landmark in the area: by training neighbours with no experience in mining, taking them through formal training, tutoring and practical lessons, and results in the hiring of the operators.

We only use sea water that is pumped from a coal plant that uses the water in the cooling process, and then pumped across 180km+ to the mine site. This eliminates the use freshwater and ensures we do not compete for the resource with our neighbour community.

Since January 2023 all the energy used on site comes from renewable sources.

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