Ricardo Padilla

Associate

rpadilla@carey.cl
+56 2 2928 2213



Senior Associate of the dispute resolution group. His practice focuses on complex civil, commercial and insolvency litigation; national and international commercial arbitrations; and judicial proceedings before the various jurisdictions of Chile. He specializes in construction disputes in real estate, renewable energy and mining sectors. Likewise, he is highly experienced in contractual disputes of various kinds, as well as in non-contractual matters related to unfair competition.


REPRESENTATIVE EXPERIENCE

  • Several employers and contractors on negotiations and arbitrations related to claims under DBB, EPC and EPCM construction contracts.
  • Global companies on trials related to unfair competition in industries such as commercial distribution, construction and IT. Among them WOM, on its successful first instance defense against a lawsuit filed by Entel; confirming that WOM's advertising is legitimate, and does not go against fair competition in the telecommunications market.
  • Global renewable energy companies on negotiations and claims against regional authorities and with the various participants in the electricity market..
  • Global and national companies on bankruptcy and insolvency proceedings. In particular, on negotiations with creditors and receivers, and in claw-back actions to set transactions aside by virtue of Insolvency Law. Among those companies, Equitas Capital, Codelco and SMU.
  • Local and international companies on international commercial and investment arbitration processes, and set aside proceedings under Law N° 19.971.
  • A multinational company on an arbitration proceeding before the International Chamber of Commerce (ICC-Brazil), requestinging the specific fulfillment of a share purchase contract agreement and the transfer of corporate control of the target company (Mattos Filho).

AWARDS AND RECOGNITIONS

  • Recognized in Arbitration and Mediation, Best Lawyers.

ACTIVITIES AND MEMBERSHIPS

  • Member of the Executive Committee of the Santiago Very Young Arbitration Practitioners network (2022-2023).
  • Member of the Executive Committee and Coordinator of the Civil Procedural Law Commission, Chilean Institute of Procedural Law (2013-2022).
  • International Associate of the Litigation and Arbitration Group at Mattos Filho, Veiga Filho, Marrey Jr. E Quiroga Advogados, São Paulo, Brazil (2019-2020).
  • Member of LCIA Young International Arbitration Group (YIAG).
  • Member of ICC Young Arbitration Forum.
  • Professor of Civil Law, Universidad Diego Portales (since 2018).
  • Member of the arbitrator’s body of Pro Bono Foundation (since 2016).
  • Assistant Professor and Lecturer of Civil Law, Universidad Diego Portales (2011-2017).
  • Law Clerk of the Litigation Group, Carey (2010-2012).
  • Member of the Chilean Bar Association.

PUBLICATIONS

  • Author of the book “The private construction contract. Scope, obligations and liability”, Thomson Reuters (2023).
  • Author of the article “The choice of combined orders. The effects and problems of the tronc commun doctrine”, Arbitration Library, Lima-Peru (2021).
  • Author of the article "Some Notes on Applicable Jurisprudential Trends to the Regulation of Arbitration Established in the Comprehensive Treaty and Progressive Trans-Pacific Association", Revista Chilena de Derecho Privado (2020).
  • Author of the article “We Are Not Efficient when it Comes to Negotiation.” Revista Chilena de Derecho Privado, Fundación Fernando Fueyo Laneri (2019).
  • Co-author of the article “Some Elements of the Constructor’s Civil Liability. Special Emphasis in Fast Track Contracts.” Revista Chilena de Derecho Privado, Fundación Fernando Fueyo Laneri (2018).
  • Author of the article “Cassation Appeal and Legal Nature of Court Ruling Deciding on its Own Competence” Instituto chileno de Derecho Procesal (2018).
  • Co-author of the article "The Primacy of the Contract Law before the Rules of Unfair Competition", Revista Chilena de Derecho Privado, Fernando Fueyo Laneri Foundation (2017).
  • Author of the article "An Anticipated Application of the Civil Procedural Code", Revista Chilena de Derecho Privado, Fernando Fueyo Laneri Foundation (2016).
  • Co-author of the article "The Unfair Competition in the Commercial Distribution Contract", Revista Chilena de Derecho Privado, Fernando Fueyo Laneri Foundation (2014).
  • Author of the article "For a Proper Application of Estoppels", Revista Chilena de Derecho Privado, Fernando Fueyo Laneri Foundation (2013).

EDUCATION

  • Law, Universidad Diego Portales (Summa Cum Laude).
  • Private International Law Course, Université Panthéon-Assas (Paris II), France (2012).
  • Master in Civil Law, Universidad Diego Portales (2013).
  • LL.M. in International Dispute Resolution, King's College London (Becas Chile Scholarship) (2019).

ADMISSIONS

  • Chile (2014).

LANGUAGES

  • Spanish.
  • English.
  • Portuguese.

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