José Tomás Bulnes

Practice Areas

Arbitration (Counsel and Arbitrator) and Litigation.

Career

José Tomás is undoubtedly one of the finest litigators of his generation, earning significant recognition. He holds an LLM from University College London (UCL) (2015) and serves as an arbitrator at CAM Santiago, among other roles. He has significant experience in litigation and arbitration in contractual disputes and has represented leading companies in national and international disputes related to the mining industry, large infrastructure projects (both public and private), energy, retail, insurance, and more. Currently, and among others, José Tomás leads the defense of a Spanish construction company (a main actor of the industry) in an arbitration for more than USD$100,000,000.

Academic activities

Pontificia Universidad Católica de Chile, Law School, Assistant Professor of Public International Law, 2009 to 2013.

Pontificia Universidad Católica de Chile, Law School, Assistant Professor of Procedural Law, 2017 to 2021.

Education

Experience

Previous Experience

Carey & Cía., associate, 2009-2011.

Languages Spoken

Spanish (native) and English.

Clients

Sacyr Chile S.A., Codelco (Corporación Nacional del Cobre de Chile), Vinci Constructions Grands Projects (Agencia en Chile), subsidiary of Vinci Construction Grands Projects (France), Salfa Corp. S.A., Power China, Parque Arauco, Siemens, Hanwha Q Cells.

Work Highlights

Construction

- Representation of a Spanish construction Company in an arbitration for more than USD$100,000,000, related to the construction of a highway in Chile.

- 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.

Corporate, Contractual, Torts and Civil and 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 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.

Insurance

-Representation of a school establishment in insurance arbitration related to a of 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.

Negotiations and pre-contentious negotiations

-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.).