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Dispute Resolution

Chile

If you have a problem requiring legal action, our team can assist you in analyzing risk, managing disputes and seeking constructive solutions in your best interests. CMS´s sector-focused lawyers are not just litigators or arbitration specialists but business-minded problem solvers.

If you want your dispute to stay out of court or arbitration, we can guide you tactically in achieving this. When it comes to proposing and presenting the very best strategies, either to reach a preliminary agreement or for litigation itself, we immerse ourselves in all of the facts of the conflict at hand, the financial circumstances enveloping the case, as well as the effects and scopes that the same may imply for you in light of a resolution by way of sentence.

Thus, our lawyers provide creative solutions without wasting a single opportunity in proving our absolute and full commitment to the case throughout its various stages.

Without exception, we place our clients’ best interest above those of our firm's own benefit or prestige.

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"Advises clients on disputes related to insurance and construction matters, as well as offering experience in the financial services, telecommunications and natural resources industries.Additional capabilities include advice on insolvency disputes and corporate governance"

Chambers and Partners Latin America - 2018

"Lawyers are very effective and punctual"

Chambers and Partners Latin America

"Takes care of its clients; it is very serious and always available. The group’s lawyers also represent good value for money"

The Legal 500

"The service is excellent. The team has got to know our company well"

Chambers and Partners Latin America

"Good preparation and timely answers to even the most complex legal problems"

Chambers and Partners Latin America

"The team immersed itself in all the issues to look after our interests and provide an optimal result"

Chambers and Partners Latin America

"The team's strength is that it combines sound legal advice with a pro-business vision and ensures high involvement of senior staff in complex conflicts"

Chambers and Partners Latin America

"The quality of advice is very good and the team is always responsive, attentive and committed"

Chambers and Partners Latin America

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    Insolvency & Reorganisation of Liabilities

    Our team has the knowledge, experience, and handle on financial and accounting jargon required to advise both companies and entrepreneurs that require the restructuring of their assets.  In the same token, we are prepared to assist our creditor-clients in the design and execution of the absolute best strategy for the recovery of their credit.

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    May 2019
    The Ver­dict
    Wel­come to the Spring 2019 edi­tion of the Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime.This edi­tion in­cludes a spot­light on the ex­ten­sion of cor­por­ate crim­in­al li­ab­il­ity in Chile, as well as snap­shots from Aus­tria, Colom­bia, Czech Re­pub­lic, France, Ger­many, Peru, Po­land, Rus­sia, Spain, Switzer­land and the United King­dom.For fur­ther re­sources and the latest news on cor­rup­tion is­sues, vis­it CMS’ Anti-Cor­rup­tion Zone.
    June 2018
    CMS Guide to Anti-Bribery and Cor­rup­tion Laws
    We are de­lighted to present the fifth edi­tion of the CMS Guide to Anti-Bribery and Cor­rup­tion Laws.This edi­tion of the Guide cov­ers more coun­tries than ever be­fore, as­sess­ing the laws in 42 coun­tries. We in­clude full cov­er­age of the BRIC na­tions, as well as in­creased cov­er­age in Asia (China, Singa­pore, Thai­l­and, Malay­sia and In­done­sia), the Middle East (the UAE, Saudi Ar­a­bia and Oman) and South Amer­ica (Brazil, Mex­ico, Chile and Colom­bia).Since the last edi­tion was pub­lished in 2016, there have been sig­ni­fic­ant changes to the glob­al anti-cor­rup­tion land­scape. Many of the coun­tries covered in the fol­low­ing pages have up­dated, strengthened and widened the scope of their anti-cor­rup­tion laws. Only 10 coun­tries who were covered in the last edi­tion have made no changes at all. For ex­ample, the in­tro­duc­tion of the Sap­in II Law in France aims to bring French an­ti­cor­rup­tion le­gis­la­tion in line with in­ter­na­tion­al stand­ards in the fight against cor­rup­tion. The new French law in­cludes the cre­ation of a new anti-cor­rup­tion agency (Agence française an­ti­cor­rup­tion), and ob­liges com­pan­ies with at least 500 em­ploy­ees and a turnover ex­ceed­ing EUR 100m to im­ple­ment a pro­gramme to pre­vent and de­tect cor­rup­tion. In a fur­ther ex­ample, Aus­tralia’s Crim­in­al Code Act 1995 (Cth) is ex­pec­ted to be amended by the Crimes Le­gis­la­tion Amend­ment (Com­batting Cor­por­ate Crime) Bill 2017 (Cth), which will in­tro­duce a new strict cor­por­ate li­ab­il­ity of­fence for bribery of for­eign of­fi­cials con­duc­ted by its as­so­ci­ates for the profit or gain of the com­pany, even if the con­duct oc­curred out­side of the jur­is­dic­tion. The Aus­trali­an chapter is pre­pared on the basis that the Bill is en­acted in­to law later this sum­mer.The ma­jor­ity of coun­tries provide for private sec­tor bribery of­fences, with only 11 hav­ing of­fences that only ap­ply to brib­ing pub­lic sec­tor of­fi­cials. Al­most all coun­tries re­cog­nise the concept of cor­por­ate li­ab­il­ity for bribery (with the ex­cep­tion of Bul­garia and Oman, where only in­di­vidu­als can be pro­sec­uted), al­beit that in five jur­is­dic­tions only civil or ad­min­is­trat­ive pen­al­ties can be ap­plied to cor­por­ates (Brazil, Colom­bia, Ger­many, Hun­gary and Mex­ico). Five coun­tries (Aus­tralia, Chile, Italy, Switzer­land and the UK) now provide for a spe­cif­ic cor­por­ate of­fence whereby a cor­por­ate will be crim­in­ally li­able for fail­ure to pre­vent rep­res­ent­at­ives com­mit­ting bribery on its be­half.  This shows the glob­al trend to hold cor­por­ates to ac­count for their em­ploy­ees’ ac­tions and a shift in at­ti­tudes to­wards cor­por­ate re­spons­ib­il­ity.As with pre­vi­ous edi­tions, in this Guide we provide an­swers to the fol­low­ing key ques­tions for each of the 42 coun­tries: what are the of­fences?who can be li­able and when?what are the pen­al­ties?what are the de­fences?We hope you find the Guide use­ful. We wish to thank all those who have con­trib­uted to this Guide. We would also par­tic­u­larly like to thank con­trib­ut­ors from:Khait­an & Co., the lead­ing In­di­an law firm with of­fices in Mum­bai, New Del­hi, Kolk­ata and Ban­galore, for their con­tin­ued con­tri­bu­tion to the Guide.Ra­jah & Tann Asia (a transna­tion­al law firm, with of­fices across Asia) for con­trib­ut­ing chapters on Thai­l­and, Malay­sia and In­done­sia.Corrs Cham­bers West­garth, Aus­tralia’s lead­ing law firm, for con­trib­ut­ing the chapter on Aus­tralia.Fer­as Al Shawaf, CMS’ part­ner firm in Saudi Ar­a­bia, for con­trib­ut­ing the chapter on Saudi Ar­a­bia – one of nine new coun­tries ad­ded to this edi­tion of the Guide.Con­tact de­tails of all our key con­trib­ut­ors are at the back of the Guide. Please do not hes­it­ate to con­tact them with any ques­tions you may have.

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    19 May 2020
    CMS Ex­pert Guide to Re­cog­ni­tion and En­force­ment of Judge­ments
    27 May 2020
    LCIA’s An­nu­al Case­work Re­port 2019: Steady growth
    In­tro­duc­tion On 19 May 2020, the Lon­don Court of In­ter­na­tion­al Ar­bit­ra­tion (“LCIA”) re­leased its An­nu­al Case­work Re­port for 2019 (“Re­port”). This art­icle fo­cuses on ar­bit­ra­tions ad­min­istered un­der...
    15 May 2020
    CMS Ex­pert Guide to COV­ID-19 Cor­por­ate Crime & Reg­u­lat­ory Is­sues
    22 May 2020
    For­eign in­vest­ments in Ger­man life sci­ence com­pan­ies be­come sub­ject to...
    In re­sponse to the COV­ID-19 pan­dem­ic, Ger­many has widened the scope of its in­vest­ment con­trol to in­clude nu­mer­ous life sci­ence com­pan­ies. The amend­ments to the For­eign Trade and Pay­ments Or­din­ance ("AWV")...
    07 May 2020
    The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
    A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
    04 May 2020
    In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
    As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...
    17 April 2020
    Vir­tu­al hear­ings: are they really the an­swer?
    This is the second in a series of art­icles ex­plor­ing non-tra­di­tion­al ap­proaches that parties and tribunals may ad­opt in or­der to al­low ar­bit­ra­tions to pro­ceed, both in the short-term, in a world where...
    26 March 2020
    Do­ing ar­bit­ra­tion dif­fer­ently: doc­u­ments-only ar­bit­ra­tion dur­ing the COV­ID-19...
    The dis­rup­tion caused by the COV­ID-19 pan­dem­ic has left com­pan­ies across the world scram­bling to main­tain a sense of con­tinu­ity, as their ex­ec­ut­ives, em­ploy­ees and ad­visers ad­just to life un­der gov­ern­ment-im­posed...
    27 November 2019
    In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over an­cil­lary...
    A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
    21 August 2019
    Un­due para­noia over due pro­cess
    Twin du­ties of fair­ness and ef­fi­ciency Most ar­bit­rat­ors are keenly aware that their award may be set aside or re­fused re­cog­ni­tion un­der the New York Con­ven­tion if the los­ing party was not ac­cor­ded due...
    07 August 2019
    A step for­ward for In­ter­na­tion­al Me­di­ation: The Singa­pore Con­ven­tion open...
    The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation (known as the “Singa­pore Con­ven­tion”) is open today (7 Au­gust 2019) for sig­na­ture by United Na­tion states...
    07 August 2019
    Singa­pore Con­ven­tion on Me­di­ation signed by 46 coun­tries at open­ing in...
    This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation,...