Esteban Ovalle

Practice Areas

Arbitration, Litigation

Career

Esteban has been practicing as a litigator for almost 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 and, in general, contractual and extracontractual 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 7 complex conflicts, related to different areas of law, such as real estate, construction, maritime and commercial, among others.

Education

Pontificia Universidad Católica de Chile, lawyer (1991).

Universidad Adolfo Ibáñez, Facultad de Derecho, Master's in Tax Management and Administration (2003).

The Chartered Institute of Arbitrators, course on international commercial arbitration, 2012.

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.

Clients

Codelco (Corporación Nacional del Cobre de Chile), Vinci Constructions Grands Projets (Agencia en Chile), subsidiary of Vinci Construction Grands Projets (France), Aes Andes, Power China, Parque Arauco, Salfa Corp. S.A., Consultora Tecnazul Cía. Ltda., Hanwha Q Cells, Elevation Investments SpA (One of the former owners of Ursus Trotter Small Appliances S.A.), Grupo Hidromaule S.A., CBRE Chile S.A., Jardín Infantil Mandarino Limitada, Luisella Castaño, Macarena Schuster and their families, Familia Lira (among others confidential clients).

Languages Spoken

Spanish (native) and English.

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.

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

-Representation of a Franco-Japanese consortium in International Commercial Arbitration under ICC rules.

-Defense of a Peruvian company in International Commercial Arbitration under the International Arbitration Rules of the Lima Chamber of Commerce.

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 shopping center in all investigations and administrative contentious cases initiated by the Chilean authority (Regional Ministerial Health Secretariat) 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.

CONTRACTUAL AND EXTRACONTRACTUAL 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 shopping center 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.

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

-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.

INSURANCE:

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

-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.

FREE COMPETITION:

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

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

-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.

ALTERNATIVE DISPUTE RESOLUTION:

-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 one of the leading national banks 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.

-Advising an electric power generation company in pre-litigation negotiations with another industry player.

-Providing pre-litigation advice to the country's largest shopping center on various issues (technological, contractual breaches, etc.).