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    Óscar Aitken

    Partner
    Mailoaitken@carey.clPhone+56 2 2928 2223LinkedIn LinkedIn

    Partner of Carey and co-head of the Labor and the Construction and Engineering Groups.

    In the labor area, his practice includes collective bargaining, union matters, unfair labor practices, compensation and benefits, discrimination and violations of employee fundamental rights, employment termination, work related illnesses and accidents; and labor related litigation.

    In the construction and engineering practice, Mr. Aitken has vast experience in the negotiation and preparation of contracts for all the phases of engineering, construction and infrastructure projects, including Design Built, EPC, EPCM and BOT. His experience ranges from the early stages of projects, biddings (public concessions and PPP projects), claim management to dispute resolution.

    Mr. Aitken has also extensive experience in a variety of real estate projects such as the development of natural conservation parks, housing, office and residential buildings, hotels and industrial developments, among others.

    • An international consortium on a BOOT contract for the construction and operation of a desalination plant in northern Chile.
    • A global contractor on a multidisciplinary engineering services contract with a global mining company.
    • A global contractor on a feasibility engineering contract for the expansion of a global mining facility.
    • A global contractor on a contract for a pre-feasibility study for the development of a mining project.
    • An international investment fund on the development of a wind farm project located in the south of Chile, including the preparation and negotiation of the TSA, BOP and O&M agreements.
    • A major global mining company on EPC, EPCM and related contracts for a mining project for a total of USD1.1 billion.
    • A well-known local architecture firm on a design contract for a state building in Asia.
    • An Asian energy company on a multiple arbitration with an EPC contractor and developer of solar projects.
    • A mining company with operations in Chile on the bidding processes and negotiation of EPCM contracts with five bidders for the development of leaching and concentration infrastructure projects.
    • A mining company with operations in Chile and Peru on the review of an EPCM contract for a project in Peru.
    • An international mining company on the bidding process and negotiation of an EPCM contract for a mining project in the north of Chile.
    • An international contractor with operations in Chile on an EPCM contract for a mining project located at high altitude in the Los Andes mountain range.
    • A port company on the preparation of tender documents and related contracts for the overhaul of a port in southern Chile.
    • A leading global laboratory on criminal labor disputes arising from the termination of an employee due to fraud.
    • An international mining company on a case of harassment investigation and associated disciplinary action, including termination.
    • A professional services company on a collective bargaining process with a union of 600 employees.
    • An international airline on a claim filed by the flight attendant's union, claiming the payment of days off under their collective bargaining agreement.
    • A renewable energy company on the termination of its CEO in Chile, which involved litigation in Chile and USA, including actions for appropriation of confidential employer information.
    • A private medical center on an accusation for alleged sexual harassment against one of its most important doctors.
    • A multinational company that produces raw materials for various industries on an internal investigation for sexual harassment, including a labor trial for violation of fundamental rights and a subsequent negotiation which ended successfully for the client.
    • An Israeli based company listed in the New York Stock Exchange (NYSE) on the labor aspects of the acquisition of 100% of the shares of a leading company in digital analytics, data processing and advertising and marketing intelligence services (SaaS) in Latin America.
    • A global auditing, consulting, financial advisory services company on an internal investigation for sexual harassment, including a preliminary analysis, investigation, report, and conclusions.
    • A Scottish multinational engineering company on the mutual agreement termination process of its highest manager in Chile, including the analysis of the strategy and courses of action, the preparation of termination documents, the review of amounts to be paid and applicable taxes.
    • A company that provides services to the salmon industry on labor matters regarding its incorporation, including the due diligence and negotiation of the corresponding agreement. Additionally, on the cross-border restructuring of the workforce, the implementation of different hiring structures and the analysis of implications associated to the change of employer.
    • An international communications company on the closure of the company, which involved the termination of 294 employees in a first stage, including those with dismissal privileges.
    • A company in the painting industry on three parallel collective bargaining procedures with its three unions, representing 90% of its workforce.
    • Recognized in Labor and Employment and Projects, Chambers and Partners.
    • Recognized in Labor and Employment, Legal 500.
    • Recognized in Project Finance and Infrastructure and in Labor, Latin Lawyer.
    • Recognized in Project Development, IFLR.
    • Recognized in Labor, Employment and Benefits, Corporate Immigration, Commercial Mediation, and Construction, Lexology.
    • Recognized in Labor and Employment, LACCA.
    • Recognized in Labor and Employment, and Project Financing, Leaders League.
    • Recognized in Construction, Expert Guides.
    • Recognized in Labor and Employment and Projects, Top Ranked Legal.
    • Winner in the Real Estate Category, Leading Lawyers, Idealis (2014).
    • Law, Universidad de Chile (Summa Cum Laude).
    • LL.M., University of Michigan (1991).
    • Professor of the Degree in Construction Law, Universidad de los Andes (since 2019).
    • Professor of the Degree in Corporate Governance and Compliance, Law School, Universidad del Desarrollo (2018-2019).
    • Professor of Specialization in Construction Law, Law School, Universidad de los Andes (2015-2018).
    • Past vice co-chair and co-chair of the Dispute Resolution Sub-Committee and International Construction Projects Practice Group, International Bar Association (2010-2014).
    • Member of the panel of arbitrators, Mediation and Arbitration Center (CAM), Santiago Chamber of Commerce .
    • Vicepresident and founding fellow, International Academy of Construction Lawyers (IACL).
    • Founding fellow and former president, Chilean Society of Construction Law.
    • Member of the Chilean Bar Association.
    • Member and past board member, Centro de Estudios de Derecho del Trabajo (CEDET).
    • Assistant professor of Labor Law, Universidad de Chile (1990-1999).

    Education

    • Law, Universidad de Chile (Summa Cum Laude).
    • LL.M., University of Michigan (1991).

    Admissions

    • Chile (1989).

    Languages

    • Spanish.
    • English.

    Publications

    • Author of the Chilean chapter in Covid-19 Latin America Guide for Employers, Employment Law Alliance (ELA) (2020).
    • Co-author of the Chilean chapter of Construction and Projects Q&As Global Guide, Thomson Reuters (2018-2020).
    • Co-author of Chilean chapter, Outsourcing Book, Getting the Deal Through (2013-2015).

    Seminars

    • Frequent lecturer in seminars and conferences in Chile and abroad.