Team

M. José Larraín M.

Partner

Experience

Founding partner of Vial Larrain. Her practice focuses primarily on civil and commercial litigation before ordinary and arbitration courts, as well as on matters of insolvency (liquidation and reorganization).

Education

Universidad Catolica de Chile School of Law

Prior Experience

  • Associate, Litigation and Arbitration Group, Urenda Rencoret Orrego y Dörr (2010-2013)
  • Senior Associate, Litigation and Arbitration Group, Morales & Besa Abogados (2013-2016)
  • Senior Associate, Litigation and Arbitration Group, CMS Carey & Allende Chile (2017)

Academic Activities

Assistant Professor for Civil Law, Universidad Catolica de Chile (2009-2014).

Relevant Experience

Hotel Hanga Roa (Easter Island): Ms. Larrain was part of a team that represented the proprietors of the Hotel Empresas Transoceanica (Schiess Group), in a violent occupation of the hotel’s facilities, on the part of a group of native individuals claiming ancestral rights upon the land. The case was resolved, and the hotel was recovered by the owners after 8 months of litigation and political mediation.

Sembcorp Aguas Chacabuco S.A.: Represented this important sanitation service company in a dispute with its contractor, Aqualia Infraestructuras S.A.’s agency in Chile, in relation to a construction contract for the re-conversion of the La Cadellada water treatment plant (Colina). The amount of this dispute was over USD 11 million.

United Pipeline (Aegion Corporation): represented this American engineering and construction company, part of the Aegion Group, in arbitration initiated by RPI Productos Industriales S.A., based on the works contracted by the Company BHP Billiton (Minera Escondida Ltda.). The amount of the dispute was over USD 4 million.

United Pipeline (Aegion Corporation): represented this American engineering and construction company, part of the Aegion Group, in arbitration initiated by Pipesa S.A., based on the works contracted by the Antofagasta Minerals S.A. (Minera Centinela) The amount of the dispute was over USD 6 million.

Minera Meridian Limitada (Yamana Gold Inc.): Represented Minera Meridian in a series of suits valued at USD 54 million, related to the El Peñón gold mine, one of the most productive gold mines in Chile. One of these suits included bankruptcy procedure and one civil litigation on the existence and applicability of royalties on the income produced by the El Peñón Mine. Furthermore, the Constitutional Tribunal admitted a claim of inapplicability due to unconstitutionality, presented by Meridian, in order to protect its property rights on its mining assets.

Minera Meridian Limitada (Yamana Gold Inc.) “La Pepa”: Represented Meridian in a dispute initiated by Compañía Minera Bridger Chile Ltda., who claims the existence of usufructuary rights on the “La Pepa” gold mine. The Court of Appeals revoked the first instance court’s ruling, worth USD 19.4 million.

Instituto Professional Santo Tomas: Represented Instituto Professional Santo Tomas in a series of collective and civil suits presented throughout the country, due to alleged false advertising for two new degrees being offered by said institute (Technical Expert and Criminal Investigator). Damages claimed were over USD 19.6 million. After 10 years of litigation, the institute has been absolved in most of the cases.

RTV Arquitectos: Represented the architecture company over the condominium “Condominio Parque Monasterio Dos” in the burrow of La Dehesa, Santiago, in litigation for alleged damaged and/or defective construction, the amount of which came to a total of USD 5.1 million.

Cross-border bankruptcy – Grupo Pescanova (Spain): Represented the unions appointed by the court, to liquidate the companies Pesca Chlie and Acuinova Chile (both important affiliates of Pescanova). The advice given included representation of unions before the courts in a wide array of procedures related with bankruptcy (including disputes on declaration of bankruptcy, ceasing of assets and recovery actions). In the same manner, she advised the unions in the successful sale of assets and subsequent payment to creditors. This was an important trans-border insolvency proceeding between Chile and Spain.

Reorganization of La Araucana C.C.A.F.: Successfully represented the bank creditors and bondholders of La Araucana, in the first large reorganization process under the new insolvency law. The agreement was for an amount worth USD 600 million. The agreement was unanimously approved by the respective commission of judges, thus avoiding the debtor’s liquidation.

Inmobiliaria Aconcagua (Liquidation FW Corp S.A. and FW Constructora S.A.): represented Inmobiliaria Aconcagua (parta of the SalfaCorp group) in the liquidation process of its partner (in Inmobiliaria Vertical), FW Corp S.A.

Rema Tip Top S.A.: represented the German group Rema Tip Top in an arbitral dispute, due to differences with its partner in Chile, in relation to the Shareholders’ Agreement, and to the exercise of a put option of the affiliate Tip Top Service. The amount of the dispute came to total of USD 3 million.

Succession Veronica Blackburn C.: represented the heirs of the renowned businesswoman Veronica Blackburn in various trials (arbitration and ordinary), as well as precautionary measures. The amount of the inheritance surpassed several million dollars. The trials concluded by mutual accord of the parties involved.

Admissions

Chile (2010)

Languages

Spanish and English