LITIGATION AND ARBITRATION
Our litigation and arbitration team has solid experience in civil, commercial, constitutional and administrative matters, related to a wide range of industries, such as mining, energy, environment, engineering and construction.
The URZÚA I MATUTE duo has successfully been involved in dozens of high standard litigations and arbitrations representing national and foreign clients before domestic courts and international arbitration tribunals (ICSID, ICC and UNCITRAL).
Our partners have specialized in dispute resolution, obtaining the degree of Master of Law (LL.M) in the most prestigious universities in the United States. Additionally, they teach classes related to their specialization in the most renowned Chilean universities.
PROJECT, ENGINEERING AND CONSTRUCTION DISPUTES
Related to our projects, engineering and construction practice, we have experience in more than thirty industry litigation and arbitration, besides many others pre litigation/arbitration claims procedures.
We have represented owners, builders and engineering companies in these processes, allowing us to have a cross-cutting understanding of how every actor thinks, acts and must exercise their rights.
We also know in depth how these lawsuits are prepared, in terms of the generation of early, useful and traceable evidence.
At the same time, we are clear about how to work with the experts, in the sense of the need for external forensic and / or expert support for the preparation of the case, such as the need for reports from the arbitrator and parties’ experts. We have extensive experience in expert’s interrogation, and we know how to work with engineers, we know their language and way of working. Neither the methods for determining the impact on time, nor those related to cost and scope, are alien to us, but, on the contrary, we know them, and we manage to dialogue collaboratively with the technical team.
“The Urzúa Matute team, and in particular Cristián Urzúa, is a team with great expertise in infrastructure projects and related litigation. They stand out for their pragmatism and creativity in delivering solutions. It is a team that provides excellent advice both in the negotiation phase and in claims and arbitrations derived from engineering and construction contracts.”
URZÚA I MATUTE advises shareholders, partners and directors in corporate governance, corporate and shareholder disputes, in order to improve their leverage, exercising their rights within the framework of corporate governance rules and shareholder agreements.
In particular, we have extensive experience creating for each case a precise strategy, which can range from a focused strategy to a more comprehensive operation that includes corporate governance, relations between shareholders, or between them and the company. The proposed path will depend on the type of affectation that our client is suffering or facing, and, at the same time, if it is a question of minority, majority or joint shareholders, among other considerations.
We have special experience in disputes between joint partners, perhaps, one of the most complex scenarios in this matter, since none usually enjoy, by right, the prerogatives of the majority or minority rights, which generates great difficulties in times of controversy over the company management.
Our attorneys have in-depth knowledge of public law and, especially, regulatory law.
Generally, the development of a business or company faces various challenges in its relationship with state agencies, especially heavily regulated industries.
URZÚA I MATUTE advises and represents clients challenging decisions of various agencies performing administrative and quasi-judicial functions, and tribunals, including public procurement matters. Also, URZÚA | MATUTE has experience in proceedings before the Comptroller General of the Republic.
CONTENTIOUS ENVIRONMENTAL LAW AND PREVENTION
URZÚA I MATUTE has experience and knowledge in environmental matters, which it exercises from the early prevention of environmental controversies, through the administration of these or, where appropriate, its administrative or judicial litigation.
Our partner Cristián Urzúa was part of the team of Celulosa Arauco and Constitución, in the largest environmental litigation in the history of Chile.
We have also participated in disputes between parts of construction contracts, associated with the exercise of defense and indemnity in the area of environmental violations.
ENERGY DISPUTES AND PREVENTION
URZÚA I MATUTE has vast experience in complex arbitration disputes related to the energy sector.
During the course of their careers, the partners of URZÚA I MATUTE have advised various energy companies (generation, distribution and transmission) in the defense of their interests, including the past disputes regarding the Argentine gas crisis.
AQUACULTURE CONTROVERSIES AND PREVENTION
The partners of URZÚA I MATUTE have dedicated part of their careers to the aquaculture law, litigating cases on the matter, both among private companies (contracts of maquila, construction of fish farms, litigations on insurance of biomass and others), and supporting the creation of crisis, prevention and management systems.
CONTRACTS AND TORTS
Given the professional and academic experience of our partners, we specialize in contracts and torts.
We have faced several types of cases in connection with breach of contracts (v.gr. M&A, joint ventures). Additionally, we have experience in torts cases in relation to professional responsibility, fraud, medical malpractice, among others.
We fully understand the concept of compensable damages, we support the client in the calculation process and propose strategies appropriate to the specific case, in order to create conviction in the judge.
Finally, we prepare legal opinions on these matters, especially regarding professional responsibility.