Home / People / Stephan Luhrmann
Stephan Luhrmann

Stephan Luhrmann, LL.M.

Partner

CMS Carey & Allende
Avda. Costanera Sur 2730, Piso 9
Parque Titanium, Las Condes
7550000 Santiago
Chile
Languages Spanish, English
Dispute Resolution

Stephan is part of the Dispute Resolution Group at CMS Chile. He has worked as a civil, commercial and administrative litigation lawyer for the past 11 years, focusing his practice on environmental litigation matters, in courts and before administrative authorities.

He has represented several national and foreign companies, in litigation and arbitration, obtaining favorable results before the Courts, Courts of Appeals, Supreme Court, Arbitral Tribunals and the International Court of Arbitration (ICC).

Endorsed by The Legal 500.

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Relevant experience

  • Sporting goods retailer on a class action case filed against the company by SERNAC (National Consumer Protection Service), due to events that occurred on Cyber Monday in 2017.
  • Municipality on an environmental damages case filed against Chile's state-owned fossil fuel company (ENAP) due to the dumping of crude oil in Quintero bay.
  • Participated on the team that advised a mining company on a claims case filed before the 2nd Environmental Court of Santiago, due to fines applied by the Environmental Superintendence, as a result of non-compliance with an Environmental Qualification Resolution (RCA).
  • Participated on the team that advised a mining company on an environmental damages case filed before the 2nd Environmental Court of Santiago against the latter, due to the destruction of archeological remains located in the Pampa Camarones sector.
  • Mining company during the cassation stage of a trial before the Supreme Court, due to fines applied by the Environmental Superintendence, and confirmed by the 2nd Environmental Court of Santiago, due to non-compliance with the Integral System of Mining Administration (SIAM) for the project.
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Education

  • 2015 - Master in Corporate Governance, Pontifica Universidad Católica de Chile
  • 2013 - Master of Law (LL.M.) University of California, Berkeley
  • 2009 - Tort Seminar, Universidad de Salamanca
  • 2009 - Law Degree, Pontifica Universidad Católica de Chile
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Memberships

  • Young International Arbitration Group (YIAG), LCIA.
  • Young Arbitrators Forum (YAF), ICC.
  • American Bar Association.
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Environment

Stephan is Head of the Environment Group at CMS Chile. He has worked as a civil, commercial and administrative litigation lawyer for the past 11 years, focusing his practice on environmental litigation matters, in courts and before administrative authorities.

 

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Relevant experience

  • Public authority in central Chile on a trial for environmental damages against oil company for the dumping of 37,800 litres of fuel in 2014 in the city bay. The Chilean Supreme Court reversed the decision of the environmental court and ruled in favour of our client, determining that the oil company was responsible for the environmental damage. This opens the possibility for the community to claim damages for approximately CLP 8.5 billion (EUR 9.6 million).
  • Two administration agencies in central Chile on a lawsuit filed claiming loss as a result of the dump of toxic products in the cities bay area in 2018. The Supreme Court reversed the decision made by the court of appeals, stating that the local mining, chemical, fuel and energy industries in the area were partly responsible for the contamination and ordered the industry and authorities to conduct a complete analysis of environmental quality standards, the review of the master plan of the city and the installation of devices to measure air quality. 
  • Two administration agencies in central Chile on the analysis of the Atmospheric Prevention and Decontamination Plan for some communities of central offshore, in order to avoid exceeding the primary environmental quality standard for breathable particulate matter,  and recover the levels indicated in the last annual concentration standard within a period of five years.
  • Participated on the team that advised a mining company on a claims case filed before the 2nd Environmental Court of Santiago, due to fines applied by the Environmental Superintendence, as a result of non-compliance with an Environmental Qualification Resolution. 
  • Participated on the team that advised a mining company on an environmental damages case filed before the 2nd Environmental Court of Santiago against the latter, due to the destruction of archeological remains located in the Pampa Camarones sector.
  • Mining company during the cassation stage of a trial before the Supreme Court, due to fines applied by the Environmental Superintendence, and confirmed by the 2nd Environmental Court of Santiago, due to non-compliance with the Integral System of Mining Administration (SIAM) for the project.
  • Local businessman on an environmental damages case filed against a dairy company belonging to the Lactalis Group, before the 3rd Environmental Court of Valdivia, due to the dumping of Liquid Industrial Waste (LIW), and damages caused to an area adjacent to the area of Mulpulmo and Osorno, southern Chile.
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Education

  • 2015 - Master in Corporate Governance, Pontifica Universidad Católica de Chile
  • 2013 - Master of Law (LL.M.) University of California, Berkeley
  • 2009 - Tort Seminar, Universidad de Salamanca
  • 2009 - Law Degree, Pontifica Universidad Católica de Chile
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Memberships

  • Young International Arbitration Group (YIAG), LCIA.
  • Young Arbitrators Forum (YAF), ICC.
  • American Bar Association.
more less

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December 2020
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Wel­come to the winter edi­tion of the CMS In­ter­na­tion­al Dis­putes Di­gest, the bi­an­nu­al pub­lic­a­tion of CMS’ Dis­pute Res­ol­u­tion prac­tice fea­tur­ing ana­lys­is and com­ment­ary on the ma­jor trends shap­ing the...
20 April 2020
COV­ID-19 in Pub­lic Pro­cure­ment in Chile - Dir­ect­ive of the De­part­ment of...
COV­ID-19 has been cat­egor­ised as a for­tu­it­ous event or force ma­jeure by the Chilean Pub­lic Ad­min­is­tra­tion, de­term­in­ing vari­ous im­pacts on the pro­cesses and ad­min­is­trat­ive con­tracts for sup­plies and ser­vices...
06 April 2020
COV­ID-19 in Pub­lic Pro­cure­ment – For­tu­it­ous Event or Force Ma­jeure. Prin­cip­al...
COV­ID-19 has been cat­egor­ised as a for­tu­it­ous event or force ma­jeure by the Chilean Pub­lic Ad­min­is­tra­tion, spe­cify­ing vari­ous im­pacts on the pro­ced­ures and pub­lic con­tracts for the sup­ply of goods and...
27 March 2020
CMS Ex­pert Guide to the law and reg­u­la­tion of force ma­jeure
The laws on force ma­jeure dif­fer from coun­try to coun­try. Some coun­tries do not re­cog­nise the term force ma­jeure in law and there­fore con­trac­tu­al parties are free to reg­u­late its mean­ing between them­selves...
03 February 2020
New na­tion­al drug policy and Amend­ments
Health­care and Pub­lic Pro­cure­ment    New na­tion­al drug policy Dur­ing Oc­to­ber 2019, Pres­id­ent Piñera an­nounced a new drug policy, fo­cused on re­du­cing drug prices. However, this policy also in­cludes...