Rafael Durán

Practice Areas

Shipping (charter parties, bills of lading, casualties, civil liability, vessel arrest, marine cargo claims, general average), Insurance, International Trade, Contracts, Aviation, Litigation and Arbitration, Customs and Ports.

Career

Rafael is the founding partner of Legal Export Abogados. He has 20 years of experience advising clients from different sectors including insurance, cargo, oil, bunkers, ports, shipping, logistics and air companies.

He has participated in the most recent and complex cases and arbitrations in Chile including cargo delays representing consignees in high amount USD cases before arbitrators including vessel arrest, arbitrations and settlements, torts cases in submarine cable damage cases, bunkering non payment representing the interests of OW Bunkering trustee in Chile, ENAP, the national oil company, SKY Airline, the most representative exporters and importers among others.

He has been recognized as a Top Ranked Shipping Lawyers by Chambers and Partners, having participated, as an expert, in the legislative modification of various regulations governing matters of his specialty and before foreign arbitrator as a Chilean expert. Rafael has been a consultant lawyer for the World Bank in its Annual Report on Agriculture "Enabling the Business of Agriculture".

Rafael is a Shipping Teacher at the ITAM Maritime Law Diploma in Mexico and has been a professor at other Universities. He has graduated from Universidad Adolfo Ibañez as a lawyer, studied an LLM at Universidad de Chile and Heidelberg University in Arbitration, Investments and Trade and has a Customs Law Diploma from Universidad Finis Terrae, among other studies including Litigation certificated by Pontificia Universidad Católica.

Professional Memberships

CIAM CIAR Shipping Arbitration Member. CIAM CIAR is a Spanish Arbitration Center 

Logistics Association of Chile ( ALOG).

Conecta Logistica.

Association of Shipping Law

Fruits Farmer Association (FEDEFRUTA)

Publications

Chilean Chapter on Ship Arrest 2024.

Shiparrested

Estudios iberoamericanos de Derecho Marítimo en homenaje al Prof. Eugenio Cornejo Fuller. (organizador)Estudios iberoamericanos de Derecho Marítimo en homenaje al Prof. Eugenio Cornejo Fuller. (organizador)

Editorial Tirant Lo Blanch · 14 nov. 2023

La responsabilidad del porteador por retraso en la Ley Española de 2014 en Estudios de derecho marítimo.

Universidad del Externado de Colombia · 22 mar. 2022

“Algunos aspectos sobre el derrame de hidrocarburos a propósito del caso de la M/N Wakashio sucedido en las Islas Mauricio en 2020. Su regulación, limitación de responsabilidad y tribunal competente en Chile.”

Instituto Iberoamericano de Derecho Marítimo | Rama Argentina · 15 sept. 2021

Liability of the carrier for delay in the transport of goods and especially in the rules of Hamburg. Commercial and Maritime Law Yearbook - Year 2009 No. 1

The basis or grounds of the carrier's liability within the Rotterdam rules. Commercial and Maritime Law Yearbook - Year 2010 No. 2.

Application of forum selection clauses, public order and other considerations. Commercial and Maritime Law Yearbook - Year 2012 No. 4

"The Jurisdiction within Maritime Law and the Rotterdam Rules" in Commercial Law Studies (Ed. María Fernanda Vásquez P.) Editorial Legal Publishing, 2011.

"On the obligations of means and results and the nature of the liability of the carrier in general and of the maritime transporter in light of Book III of the Chilean Commercial Code", published in the Chilean Magazine of Commercial Law, number 2, Year II, Faculty of Law U. de Chile, (pp. 143-165).

The scope of application of the rules on carrier liability in international air transport. Comment on the ruling of the Supreme Court (Role 1501-08), published in microjuris.cl

"Scope, application and the multimodal nature of the Rotterdam rules regarding totally or partially maritime transport", published in microjuris.cl

"The beneficiary of life insurance and the stipulation in favor of another", published in microjuris.cl

The legal classification of atypical contracts and the criteria exercised by the Supreme Court. Comments on the ruling handed down in "Chilena Consolidada SA con Servicios Integrados de Transporte", published in microjuris.cl

Notes on the insurance of property damage caused by earthquake and other related, published in microjuris.cl

“Simplified Procedure and Monitoring in the Chilean Criminal Procedure Code”, Editorial Librotecnia, March 2008, 285 pages.

“The immediate resolution of article 395 of the Criminal Procedure Code”, Criminal Justice Magazine, number 3, Editorial Librotecnia, November 2008, pp. 139-168.

Expert in these Jurisdictions

Chile, Perú

Industry Sector Expertise

Oil; Insurance; Cargo; Shipping; Logistics; Trade

Languages Spoken

Spanish, English

Awards

Clients

ENAP; Blue Express, part of COPEC; Sky Airline; Arcelor Mittal; Hortifrut; Engie; Puerto Coronel, Iansa among many relevant players in the Export, Import, Customs, Logistics, Shipping sector.

Work Highlights

1 2023/2025: Assistance to an Oil Company in a port terminal negotiation including the drafting and negotiation of contracts an several other documents on a transnational parties negotiation.

Confidential amount.

2 2021-2022: Successful qualification of three clients to operate as courier companies within the facilities of a Courier Complex, before the National Customs Service.

3 2022/2024: Successful representation of several consignees companies in the M/V Pacific Award Case, which involved a delayed vessel arrived to a different chilean port. Case involved vessel arrest, arbitration and settlements before local court and arbitrator.

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Total amount: USD MM 5.2. Partial transactions obtaining payments for MM USD 1.9.