Aldo Molinari

Partner

amolinari@carey.cl
+56 2 2928 2213



Partner of Carey and co-head of the firm´s Litigation Group. 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

  • Melón on a lawsuit for environmental damage initiated by the fishermen's union of the Bay of Quinteros against all companies in the area.
  • Compañía Minera Nevada on claims filed before the First and Second Environmental Courts in relation to the Pascua Lama Project.
  • Sacyr, one of the largest construction companies in the world, on claims before the Technical Concession Board against the Ministry of Public Works and respective lawsuits before Arbitration Commissions.
  • Precision Pulley & Idler on an international commercial arbitration against Clark Ingeniería y Desarrollo, for breach of the declarations and contractual guarantees in the acquisition of a company in Chile.
  • 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.
  • Enel on cassation appeals in form and content deducted before the Supreme Court in relation to the water rights of Rapel Reservoire.
  • Aguas del Valle on an extracontractual civil liability lawsuit initiated by the residents of the city of Coquimbo.
  • A global medical device company on an arbitration before the ICC International Court of Arbitration of Paris.
  • Several hydroelectric projects on their legal defense due to constitutional remedies before the Courts of Appeals and the Supreme Court.
  • A local company on the defense of an environmental damage claim related to a real estate project.
  • A global bank on its defense due to class action proceedings related to the Consumer Protection Act.
  • MetLife on the reorganization of its local entities which implied the obtention of complex regulatory approvals. The counseling also included the defense of the legality of the deal, which was challenged by third parties.
  • 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.

AWARDS AND RECOGNITIONS

  • Recognized in Dispute Resolution: Litigation, Chambers Latin America.
  • Recognized in Litigation and Arbitration, Latin Lawyer 250.
  • Recognized in Arbitration and Mediation and Litigation, Best Lawyers.
  • Best Undergraduate Professor Award, Universidad de Chile (2009).

ACTIVITIES AND MEMBERSHIPS

  • Visiting Attorney,  International Arbitration Office, Herbert Smith Freehills, New York (2013-2014).
  • 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.
  • Member of the Chilean Bar Association.

PUBLICATIONS

  • Co-author of the chapter "Chile: Trends and Developments" in the Chambers Global Practice Guide: Litigation, Chambers and Partners (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 "Courts and Environmental Actions", Lecture Series, Chilean Bar Association (2017).
  • Author of the 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 the book  "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).
  • Pedro Nicolás Montenegro Award. Ranked highest in his class.
  • Fernando Fueyo Laneri Foundation Award granted to the best thesis of the year (2002).

ADMISSIONS

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

LANGUAGES

  • Spanish.
  • English.