Esteban Ovalle

Practice Areas

Arbitration (Counsel and Arbitrator) and Litigation.

Career

Esteban has been practicing as a litigator for over 30 years and is consistently recognized in various national and international publications as one of the country's leading lawyers in dispute resolution. He has represented various Chilean and foreign companies in national and international litigation and arbitration related to the construction and energy industries, among others, as well as in corporate disputes, regulatory and public matters, and contractual, torts and in general civil liability disputes. He is an Arbitrator at the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago). In recent years, Esteban has been appointed as an arbitrator in complex conflicts, related to different areas of law, such as real estate, construction, maritime and commercial, among others. Some of the clients that believe in Esteban’s abilities as a litigator and strategist are Codelco, AES Andes, Teck, Vinci Construction Grands Projects, Sacyr and Parque Arauco. Esteban handles their most complex and relevant cases.

Academic Activities

Universidad Diego Portales, Law School, Professor of Public Interest Clinics and Human Rights, (2009 to 2011).

Pontificia Universidad Católica de Chile, Law School, Honorary Professor of Civil Law (2003 to 2006).

Previous Experience

Carey & Cía., partner, 2005 to 2010.

Carey & Cía., associate, 2000 to 2005.

Ovalle Cubillos & Labarca, partner, 1995 to 2000.

Ortúzar y Cía., associate, 1993 to 1995.

Education

Languages Spoken

Spanish (native) and English.

Clients

Codelco (Corporación Nacional del Cobre de Chile), AES Andes, Teck, Vinci Constructions Grands Projects (Agencia en Chile), subsidiary of Vinci Construction Grands Projects (France), Parque Arauco, Sacyr, Consultora Tecnazul Cía. Ltda., Elevation Investments SpA (one of the former owners of Ursus Trotter Small Appliances S.A.), Luisella Castaño, Macarena Schuster and their families, Familia Lira, Arturo Vidaurri Damm (among others confidential clients).

Work Highlights

Construction:

-Representation of a joint venture in electric power generation in various conflicts (litigations and arbitrations) in different venues (UNCITRAL, ICC, and CAM Santiago) totaling over USD$300 million.

-Defense of a concessionaire responsible for the construction of one of the main highways in Santiago, Chile, for approximately USD$27 million.

-Representation, jointly with a North American firm, of an electric power generation company in arbitration under ICC rules with headquarters in Santiago for approximately USD$160 million.

-Representation of a group of minority shareholders of a Spanish company in arbitration regarding the development of photovoltaic electric projects for approximately USD$40 million.

-Defense, from 2020 to the present, of a concessionaire responsible for the construction and remodeling of the Santiago International Airport in disputes totaling over USD$350 million.

-Defense of one of the largest construction companies in Chile in a civil trial for approximately USD$ 9 million.

Public litigation

-Representation of the concessionaire responsible for the construction and remodeling of the Santiago International Airport in a claim before the Financial Market Commission.

-Defense of the country's largest retail in all investigations and administrative contentious cases initiated by the Chilean authority (Regional Ministerial Health Office) in the context of Covid-19.

-Defense of a concessionaire responsible for the construction of one of the main highways in Santiago, Chile, for approximately USD$ 27 million.

-Defense of one of the largest construction companies in Chile in a civil trial for approximately USD 9 million.

- Defense of one of Chile’s largest retail companies before the Constitutional Court. We obtained the non-application, on ground of unconstitutionality, of the legal provision that allowed the imposition of a disproportionate fine to our client, establishing an important precedent on this matter.

Corporate, Contractual, Torts and Civil conflicts

-Defense of relatives of victims of the CASA 212 accident in the Juan Fernández Archipelago, leading the common defense of many victims.

-Defense of a major electric power generation company in a litigation of approximately USD 100 million against members of an association of water rights holders.

-Defense of the country's largest retail company in a contractual conflict totaling over USD 120 million.

-Representation of the most important mining company in Chile in at least 6 different lawsuits, from 2013 to the present (2022), totaling approximately USD 500 million.

-Defense of a natural gas company in CAM Santiago arbitration totaling approximately USD 300 million.

-Defense of a leading Chilean company in small appliances in CAM Santiago arbitrations totaling approximately USD 35 million.

-Defense of an Ecuadorian consulting services company in a petition for annulment of a final award in an international arbitration before the Court of Appeals of Santiago.

-Representation of a school establishment in arbitration related to a civil lawsuit of high public significance.

Insurance

-Representation of a school establishment in insurance arbitration related to a high public significance case.

-Defense of the concessionaire responsible for the construction and remodeling of the Santiago International Airport in CAM arbitration against an insurance company that refused to pay first-demand guarantee policies it had issued.

-Defense of a concessionaire responsible for the construction of one of the main highways in Santiago, Chile, for approximately USD 27 million.

Antitrust

-Defense of a mobile telecommunications company seeking to enter the Chilean market.

-Defense of a company affected by anticompetitive practices before the Competition Prosecutor.

-Defense of one of the world's leading financial brokers in a dispute involving unfair competition and contractual interference amounting to over USD 40 million.

Negotiations and pre-contentious negotiations

-Advising a major international mining company in negotiations related to tailings dam events.

-Advising a major international mining company in negotiations with a mineral transport company.

-Advising the Chilean Central Bank in negotiations with (i) a technology company regarding difficulties with a supply and commissioning contract for IT logistics equipment and systems, and (ii) an engineering company regarding disputes arising from a service provision contract.