“Bofill Mir & Álvarez Jana Abogados is firmly at the top end of Chile’s legal market. It blends disputes prestige with transactional strength and has a forward-thinking attitude that helps it stand out from competitors.”Latin Lawyer 250
Our highly specialized Antitrust and Unfair Competition department has ample experience in complex merger reviews, cartel investigations, concentration and abuse of dominant position issues, market definition, unfair competition and counsel in connection with investigations conducted by the Antitrust Authorities (FNE).
The Antitrust and Unfair Competition practice area also provides advice to clients on the drafting of agreements and contracts of all kinds, as well as the establishment of commercial conditions; providing analysis on the potential antitrust implications of particular transactions or agreements, and how they can be avoided.
Our team also has particular experience in the drafting and implementation of tailored and effective antitrust compliance and corporate governance programs.
Bofill Mir & Alvarez Jana routinely counsels local and foreign banks, financial institutions, institutional investors and private companies, regarding complex operations such as structured financings, restructurings, refinancings, syndicated loans, commercial lending, project financings, and capitalizations among others, both on behalf of borrowers and lenders.
In the capital markets sector, our lawyers regularly advise clients on initial public offerings and secondary offerings, bond and share issuances and Rule 144A financings, securitizations as well as the development and filings of new investment funds.
In recent years we have participated in various financing operations which have been considered among the most sophisticated in Chile.
Our lawyers have vast experience working in other jurisdictions and several have practiced in the banking, finance and capital markets departments of leading firms in the United States Canada and Europe. Such international work has provided valuable experience, knowledge and understanding to better meet our clients’ requirements.
Bofill Mir & Alvarez Jana’s Bankruptcy and Insolvency practice area is comprised of lawyers from the Litigation, Corporate, Tax and Labor practice areas.
Through this multi-disciplinary approach, we provide practical advice oriented towards the mitigation of the impact of insolvency and the management of complex commercial restructurings, refinancings and out of court agreements; reaching a successful conclusion for both creditors and debtors.
BMAJ’s Litigation practice area is well-known in the market for our involvement in highly complex and publicly relevant cases disputes from a range of industries. The area combines the courtroom expertise of our litigation lawyers with the knowledge and experience of our regulatory, corporate, antitrust and natural resources practice areas. Our comprehensive advice ensures clients are well equipped with a strategy that adapts to the challenges of any litigation challenge they may face.
Our team has represented clients in all types of trials, before all judicial bodies in Chile, including lower level courts, courts of appeal, and the Supreme Court; and we have a wide network of correspondents throughout Chile.
The team is led by Andrés Jana, one of the most respected litigators in Chile and a renowned arbitrator both locally and internationally, and Karen Werner and Rodrigo Gil are both key partners. All three have important international experience, having either studied abroad (Harvard, Berkeley and Columbia), or worked at major international firms, such as Arnold and Porter and Covington and Burling.
BMAJ possesses significant expertise counselling national and foreign clients acting as investors, shareholders, developers, contractors or suppliers of construction, real estate and infrastructure projects.
The firm has particular experience working with insurance companies and investment funds in the offering, structuring, acquisition, disposal, joint venturing and financing of real estate investments.
We also regularly counsel major developers and strategic investors regarding financing, applicable municipal zoning, land use, environmental and construction laws and regulations in a diverse range of major real estate projects, including commercial, retail, office, industrial, multi-family residential, hotel, entertainment and mixed-use.
Our team of corporate law specialists are well-known in the market for expertly guiding clients through increasingly complex rules and regulations of company law and corporate governance.
Large and medium-sized local and international corporations rely on our advice in a broad range of business activities including complex reorganizations, structuring, and negotiation of commercial transactions, in all sectors of Chile’s diverse economy.
Our National Arbitration practice area is recognised as one of the best in Chile. We represent clients in domestic arbitrations under the rules of the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago), and in ad hoc arbitrations.
Clients turn to us for major disputes related to construction, energy and mining, as well as for disputes in the engineering, transportation and financial industries, thanks to our exceptional experience in similar disputes in international fora and our ability to apply the high standards of international arbitration to domestic arbitration.
Our team stands out in the market for its strong grounding in contract law; partners Andrés Jana and Rodrigo Gil and senior associate Victoria Demarchi are professors of Civil Law at the University of Chile, one of the most prestigious in the country.
BMAJ has a vibrant energy practice advising project developers, operators, financial backers and public authorities in matters related to power generation, transmission and distribution. Our counsel covers renewable energy sources including solar, wind, run of river and geothermal as well as traditional energy sources.
Our energy team offers clients the benefit of considerable local knowledge and experience regarding the complex regulatory aspects associated with development, construction and operation of energy generation, transmission and distribution projects, including environmental regulations, permitting considerations and community related issues.
Working in conjunction with other firm practice groups, the energy team also has expertise in energy related contractual matters such as engineering, procurement and construction contracts and power purchase agreements, as well as in the financing of power projects. Finally, our well known litigation group is among the most experienced in dispute resolution in conflicts arising from energy related projects and agreements.
BMAJ’s environmental practice blends the expertise of our regulatory and litigation teams to offer unique experience in the application and understanding of the interaction between environmental law and public and administrative law.
Clients come to us for our counsel in matters regarding environmental compliance (including the development of tailored compliance programmes), environmental impact assessments studies or statements, permitting procedures, transactional due diligence and sanctioning procedures; as well as in matters regarding water rights. We have counselled clients in the energy, mining, real estate, agriculture and engineering industries, among others.
The environmental team also has ample experience handling environmental litigation and procedures before government regulators and relevant regulatory bodies, such as the Ministry of Environment, the Environmental Assessment Service, the Environment Superintendence and the Environmental Courts.
Our International Arbitration practice area is award-winning, and internationally recognized as home to one of the best multilingual international arbitration teams in Latin America. We offer clients a service comparable in quality to the world’s leading law firms in complex, high stakes national and cross-border disputes.
We are the only firm in Chile with a team dedicated exclusively to international arbitration, which is composed of both Chilean and foreign multilingual and highly-skilled lawyers who have international work experience in prestigious global firms, have studied at some of the leading universities in the world, and are at ease in multicultural environments.
International Commercial Arbitration
Local, international and multinational clients turn to our International Arbitration team for expert representation in international commercial disputes under global arbitration rules including the International Chamber of Commerce (ICC), the United Nations Commission on International Trade Law (UNCITRAL), the London Court of International Arbitration LCIA), the American Arbitration Association (AAA), and the Santiago Chamber of Commerce (CAM), among others.
We have had particular successes in disputes in the construction, energy, mining, financial and pharmaceutical industries. We represent clients in disputes both between companies as well as between companies and States acting in a private capacity.
BMAJ regularly acts as a lead counsel in investment arbitrations under the International Center for Settlement of Investment Disputes (ICSID), representing both State and foreign investors. Our team has successfully represented clients in ICSID arbitrations in the only cases to have involved Chilean companies: Quiborax v Bolivia, and Flughaufen Zurich & Gestión e Ingenería IDC vs Venezuela, both of which were expropriation claims.
Enforcement Proceedings before Chilean Courts
Our team has intervened in the vast majority of international arbitration enforcement proceedings held in Chilean courts, including the defence, execution and appeal of international awards issued in Santiago.
BMAJ is widely recognised as the go-to firm in Chile for disputes with state bodies due to our considerable experience in International Public Law. Our lawyers have advised states and international organizations in disputes related to delimitation of borders and in international waters, immunity from jurisdiction and execution of states, war damages, and use of force. We have also advised the Republic of Chile in its negotiations regarding the investment chapters in several of Chile’s Free Trade Agreements, including with the United States and the European Union.
Founding partner Andrés Jana has participated in the defence of the Chilean Republic at the International Court of Justice concerning the maritime boundary delimitation dispute with the Republic of Peru, as well as a dispute with Bolivia over access to the Pacific Ocean.
BMAJ’s Labor and Employment practice area actively advises clients in their day-to-day employment requirements such as contracting and regulatory compliance, on long-term strategic issues that require analysis and planning, and in the employment analyses required for mergers, acquisitions and reorganizations.
The team’s lawyers also have vast experience in advising employers on labor relations and collective bargaining processes with union organizations. In addition, our lawyers represent clients in their judicial defense before Courts of Justice, as well as regulatory and administrative bodies.
The team also provides advice on immigration issues related to executives and foreign workers in Chile.
The experience, skill and industry knowledge of BMAJ’s Mergers and Acquisitions team has positioned the firm as an industry leader in the planning and execution of complex domestic and cross border mergers and acquisitions, joint ventures and strategic alliances covering a broad array of business and industry sectors.
Clients come to us for a collaborative partner that handles all aspects of the M&A process including the structuring, preparation, due diligence, negotiation and execution of the project; all while simultaneously addressing the financial, corporate, tax and regulatory matters applicable to the designed structure. We also provide a full analysis and recommendation on compliance and an appropriate corporate governance structure.
BMAJ is among Chile’s foremost Mining and Natural Resources law firms. Our team is recognized in the mining sector both in Chile and abroad as leaders in their field.
We are highly specialized in specific legal matters concerning mining law and have ample experience in the financing of mining projects. Our team has close ties with specialists from the leading financial markets for natural resources such as Canada, Australia, UK and United States, and their corresponding stock exchanges, in support of mid-size and major mining, power generation and transmission projects.
We provide comprehensive advice to our clients in all stages of their mining projects, including exploration, project development, acquisition, financing, permits and environmental approvals, construction, operation and closure of projects.
Our team provides counsel on industry contracts such as options and earn ins, farm ins, joint ventures and shareholder agreements, acquisitions and dispositions, royalties and stream contracts, mine construction and mine operating agreements.
Additionally, working jointly with the Administrative Law, Environmental Law and Regulated Markets team, we counsel clients in the ever-growing, important area of indigenous rights, including ILO Convention 169 matters.
Furthermore, BMAJ has a recognized litigation team specializing specifically in dispute resolution concerning conflicts arising from mining and energy matters.
BMAJ’s Public Law and Regulated Markets practice is widely recognized as being at the forefront of this practice area in Chile.
The team acts on behalf of multinational companies, local enterprises and State entities and works along with other firm practice groups in matters relating to regulated sectors such as to energy, telecommunications, land use and development, public transport, water law, customs law, environmental law, public procurement, health services, gaming and casinos, advertising.
This practice area has an acknowledged expertise representing clients in hearings at all levels of the Chilean Administrative Law structure including actions presented before the local Comptroller and Administrative Law Authorities (Contraloría General de la República) and the Chilean courts.
BMAJ has extensive expertise in providing comprehensive advice to operators in the telecommunications and broadcasting sector, including telephone, mobile phone and internet service providers, broadcast television channels and telecom technology service providers.
We are consistently recognized among the leading firms in this area. Prior to joining the firm, the members of our team gained valuable experience in key positions at government entities such as the Transport and Telecommunications Ministry. Our team has assisted both private entities and public authorities in matters such as tariff setting procedures and industry antitrust matters.
BMAJ’s highly specialized tax team advises clients on complex tax issues in all types of transactions. We advise parties investing in Chile on cross-border and transactional tax considerations and offer expertise to Chilean affiliates of international companies regarding local tax planning and withholding tax issues.
Our team has comprehensive knowledge and experience in the taxation aspects of major domestic and international M&A transactions, interpretation and application of tax treaties, project planning, and corporate financing and restructuring for both local and multinational firms, among others. The team also advises clients requiring ongoing support in these matters in order to assure compliance in an ever-changing tax landscape.
We have particular expertise in managing tax controversies through the various administrative stages of tax oversight and investigative procedures, as well representing clients in hearings on tax matters before the Chilean courts.
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