Aldo Molinari

Partner

amolinari@carey.cl
+56 2 2928 2213

His practice focuses on civil and commercial litigation and administrative and environmental regulatory litigation. He also has experience in domestic and international commercial and investment arbitration.

REPRESENTATIVE EXPERIENCE

  • Minera Nevada on the filing of a presentation before the General Comptrollership of the Republic in order to declare the illegality of an instruction published by the Environmental Assessment Service.
  • Sacyr, one of the largest construction companies in the world, on a series of claims and proceedings against the Ministry of Public Works for the additional works performed in several highway construction concessions along Chile.
  • MetLife on the reorganization of its local entities which implied obtaining complex regulatory approvals. The counseling also included defending the legality of the deal, which was challenged by third parties.
  • Precision Pulley & Idler on an arbitration dispute against Clark Ingeniería y Desarrollo, for breach of representations and warranties declared in the Stock Purchase Agreement when Precision Pulley acquired the latter company.
  • Novartis on a civil complaint for damages initiated by Australis Mar, a salmon and other fish processing and commercialization company, claiming that a vaccine produced and sold by Novartis caused USD20 million in damages to its fish production during 2013.
  • AFP ProVida, a MetLife subsidiary and the largest pension plan manager in Chile, on a procedure concerning the annulment of the merger between AFP ProVida and MetLife. All actions were dismissed in favor of our client.
  • Several hydroelectric projects on their legal defense due to constitutional remedies before the Courts of Appeals and the Supreme Court.
  • A global medical device company before the ICC International Court of Arbitration of Paris.
  • Domestic and foreign companies on commercial arbitrations.
  • A global bank on its defense due to class action proceedings related to the Consumer Protection Act.
  • A global company on a USD20 million arbitration related to the breach of a distribution contract.
  • A mining company on a creditor´s settlement to prevent its bankruptcy, for a total debt of USD60 million.
  • Foreign and local companies defense regarding constitutional actions filed against the environmental approval resolution of their projects.
  • Local companies on the defense of an environmental damage claim related with a real estate project.
  • A global construction company before the Technical Concession Board regarding discrepancies in construction contracts for public infrastructure.

AWARDS AND RECOGNITIONS

  • Recognized in Dispute Resolution, Chambers Latin America.
  • Best Undergraduate Professor Award, Universidad de Chile (2009).
  • Pedro Nicolás Montenegro Award. Ranked highest in his class.
  • Fernando Fueyo Laneri Foundation Award granted to the best thesis of the year (2002).

ACTIVITIES AND MEMBERSHIPS

  • Visiting Attorney,  International Arbitration Office, Herbert Smith Freehills, New York (2013-2014).
  • Member of the Chilean Bar Association.
  • Member of the Training and Continuing Education Committee of the Chilean Bar Association.
  • Professor of Civil Law, Universidad de Chile (since 2003).
  • Professor of Civil Law in several Chilean universities in undergraduate and graduate programs.
  • Professor of the qualification and training program, Academia Judicial de Chile.
  • Professor of Introduction to American Law, Master of International Contracts, Universidad de Chile and American University Program.
  • Program Director, Seminar of Tort and Contractual Liability program, Universidad de Chile.

PUBLICATIONS

  • Article “Tort Liability of Finance Leasing Companies”, published in Studies of Private Law in recognition to Professor Gonzalo Figueroa Yáñez, Editorial Jurídica de Chile (2008).
  • Author of “From the Civil Liability to the Damage Law and Civil Prevention of Damages”, LexisNexis Chile (2004).
  • Author of several legal papers in Chilean and foreign law reviews.


Education

  • Law, Universidad de Chile (Summa Cum Laude).
  • Outstanding Internship Award, Judicial Assistance Corporation (2000).
  • LL.M., Columbia University (Beca Chile Scholarship) (2013).

Admissions

  • Chile (2002).
  • New York (pending – Bar exam approved on February, 2015).

Languages

  • Spanish.
  • English.


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