AREA OF EXPERTISE

ARBITRATION, MEDIATION AND DISPUTE BOARDS

We have distinguished lawyers who, due to their long professional experience and teaching activities, are constantly called upon to act as arbitrators, mediators and Dispute Boards.

This is particularly important in view of the fact that arbitration, mediation and early dispute resolution, as alternative dispute resolution methods, have become very common in the national and international arena. Significant disputes at the level of large and medium-sized companies, as well as between private individuals, have chosen these methods to resolve their difficulties.

Our arbitrators have extensive international and domestic experience and actively participate in prestigious arbitration institutions such as the ICC, ICDR and CAM Santiago. They also act as arbitrators in the public works concession system in Chile, and form part of the Dispute Boards of national and international centers.

CRIMINAL LITIGATION

We have years of experience in dealing with trials, conflicts and criminal matters, especially those of a financial nature. Scams, frauds, misappropriation and frauds in general. Crimes in more specialized areas: stock market, corporate, free competition, tax, administrative penalties, intellectual and industrial property, environment, etc.

We also advise on sexual offences, property crimes, injuries (fights, traffic accidents, medical negligence), drunk driving, quasi-delicts, etc.

We provide personalized advice at all stages of negotiations and legal proceedings, with theoretical and practical knowledge acquired through years of academic activities and Court work, which makes us expert negotiators and litigators.

REAL ESTATE LAW

We have extensive professional experience in the real estate field. At FIHS Abogados we assist both construction and real estate companies, and we also advise investors, natural or legal persons, real estate brokers and other real estate service providers. Our advice is particularly important in the planning and legal execution of real estate projects for housing estates, social housing, tourist, commercial, office and industrial businesses, starting from the acquisition of the land, as well as during the entire process of marketing or exploitation of the land. We also actively participate in the study of draft laws affecting the real estate sector, and in advising companies on urban planning law, especially in the interpretation and application of the General Law on Urban Planning and Construction and its General Ordinance, regulatory plans and urban planning regulations, and in particular through our participation in the Chilean Chamber of Construction, where one of our members is the president of the Chamber’s Legislation Commission.

CRIMINAL COMPLIANCE AND PREVENTIVE CRIMINAL CONSULTANCY

We specialize in Criminal Compliance, providing preventive criminal advice to companies, foundations and corporations, as well as their owners, directors and senior executives.

We develop, update and review Crime Prevention Models (CPM) for companies, making them fit the particularities of each organization, achieving a balance between crime prevention and the normal development of the company’s business.

In addition, through the MPD we develop, we manage to pre-constitute evidence that may be useful in a possible criminal trial. In this, our experience as trial lawyers in these matters gives us a great comparative advantage.

We also advise companies that are obliged to report to the Financial Analysis Unit, so that they comply with the legal requirements (designation of a Compliance Officer, Suspicious Transaction Reports, Cash Transaction Reports, etc.) and thus successfully face an audit process, avoiding heavy penalties.

With all of the above, we improve the corporate governance of the companies we advise and give them solid support to face criminal contingencies and complex scenarios.

All of the above is complemented by the academic activities that we carry out in prestigious universities and organizations in the country, which also results in the preparation of legal reports and legal opinions when required.

INTERNATIONAL TRADE AND INVESTMENT

We provide advice to foreign individuals and companies interested in doing business in Chile, including joint venture agreements. We advise and propose the most suitable and favorable legal structure to carry out and optimize their business.

We act before the Foreign Investment Committee, local regulatory authorities and the Central Bank of Chile.

Some of our members are members of the Inter-American Federation of Lawyers (FIA), one of them being a former President of the Federation. They also serve as international arbitrators at the ICC and ICDR.

REAL ESTATE CO-OWNERSHIP

In addition to our vast professional experience in real estate matters, we have also specialized in providing legal advice to Communities of co-owners and Condominiums, and to natural or legal persons related to Real Estate Co-ownership, especially in the supervision and service in the execution of acts and contracts (fire insurance, labor contracts, service contracts, execution of works, leasing of common property, etc.), legal reports, assistance and legal advice in the field of real estate law), legal reports, assistance and advice at co-owners’ meetings, pre-judicial and judicial collection of common expenses, modification and updating of the Co-ownership Regulations, regularisation of appointments of administrators and Administration Committees, legal regime in the management of community money, advice on cutting off electricity supply to delinquent debtors, etc.

CONSTRUCTION LAW

Our office has advised on the study of the update of D.S. 85 of the MOP on Public Works Contract Regulations, as well as on various infrastructure projects, both public and private, especially airports, hydroelectric projects, shopping centers, restoration of historical monuments, highways and construction of mining works, among others.

Likewise, some members actively advise in the negotiation and drafting of construction contracts, based on the international models FIDIC and NEC, and are also lecturers in these matters, especially in postgraduate courses in Chile and abroad.

LABOUR LAW

We have experience in the different areas of practice within Labour Law, assisting both companies and individuals. For years we have practiced in areas such as hiring, drafting of employment contracts and labour regulations, as well as in litigation and disputes arising from the aforementioned areas.

LITIGATION

We have extensive experience in the attention and sponsorship of natural and legal persons in all types of judicial and arbitration proceedings, both in first instance, as in the Court of Appeals and Supreme Court, including matters of civil, criminal, commercial, labour, real estate, foreign trade, as well as in the filing of appeals for annulment, protection and economic protection, as well as the defense before the Constitutional Court.

The professionals who work in this area have years of experience in litigation and out-of-court settlements, defending the interests of our clients in different instances. They are also recognized for participating in highly complex conflicts, devising for each case the most appropriate strategy to deal with disputes, one of our members having served as a member of the Supreme Court.

SCORPORATE AND COMPANY LAW

We provide services in areas such as corporate law, business law, company law, tax law, financial law, etc., as well as in antitrust and trade regulations, unfair competition and insolvency and business reorganization. We advise companies in determining the most suitable and favorable legal structure for conducting and optimizing their business.

Some of our members also serve as directors, forming part of the corporate governance of companies in the real estate, construction and tourism as well as event centre industries.

In particular, we advise our clients in day-to-day operations of common occurrence, such as the negotiation, preparation, drafting and review of contracts and agreements, including contracts of sale, lease, partnership, professional collaboration contracts, formation of companies or association contracts or joint ventures, etc. We also provide advice on the acquisition, sale and merger of companies, including the various aspects of due diligence, confidentiality agreements, preparation of shareholders’ agreements, etc.