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José Joaquín Ugarte

Litigation, Domestic and International Arbitration, Antitrust

“Is extremely talented. He has a lot of experience in arbitration cases and a deep knowledge of arbitration rules”

Chambers & Partners

 

José Joaquín Ugarte

“Is extremely talented. He has a lot of experience in arbitration cases and a deep knowledge of arbitration rules”

Chambers & Partners

 

Litigation, Domestic and International Arbitration, Antitrust

 

Profile

José Joaquín is a lawyer, professor of Law and also acts as an arbitrator. He has focused his career in two areas: he is an expert in litigation and arbitration, as well as in antitrust. 

His recent experience as counsel demonstrates a great track record representing Chilean and foreign clients, both in domestic and international arbitrations, and in litigation before tribunals and national courts.

Likewise, in antitrust, José Joaquín has achieved important successes in cases of cartel, abuse of dominant position, merger control and unfair competition.

José Joaquín has been recognized on multiple occasions as one of the most prominent Chilean lawyers in Litigation and Arbitration, as well as in Antitrust. This has been the case in international rankings such as Chambers & Partners (Global and Latin America), Legal 500, GCR -Global Competition Review-, Leaders League, Latin Lawyer, Best Lawyers, among others.

Before founding Ugarte & Correa in 2016, José Joaquín worked for 12 years at Baker & McKenzie, where he was a Partner in the Litigation and Arbitration, and Antitrust areas.

Spanish and English Languages

Credentials

Professor

For more than 15 years, José Joaquín has given classes in Civil Law at the Pontificia Universidad Católica de Chile, specializing in subjects such as Contracts, Damages, Torts and Inheritance Law, among others.

He has also been a professor in the Antitrust Postgraduate Program at the same university.

Studies

  1. Master of Laws (LL.M.), University College of London and Queen Mary School of Law
  2. Certificate in International Arbitration and International Dispute Resolution, Queen Mary School of Law
  3. Diploma in Insurance Law, University College of London
  4. Diploma in Civil Liability, Pontificia Universidad Católica de Chile
  5. Law Degree (LL.B.), Pontificia Universidad Católica de Chile

Relevant Litigation & Arbitration Experience

International arbitration. Project litigation. Successful representation of a foreign company in arbitration regarding the construction of a power plant. USD $1.8 billion. 

Domestic arbitration. Construction litigation. Successful representation of an international company in litigation associated with a construction project. USD $92 million.

Investment Arbitration. Successful representation of a foreign investor in arbitration for the protection of foreign investment in Chile. 

International arbitration. International sale of goods. Vienna Convention. Successful representation of a mining company in litigation arising from the purchase of equipment that did not achieve expected yields and production. USD $46 million. 

Domestic arbitration. Engineering Project. Successful representation of an international engineering company in arbitration related to the design of a project. USD $43 million.

Arbitration. Securities Market. Representation of a Chilean company in proceedings for damages compensation associated with the termination of a management contract. USD $30 million.

Litigation for environmental damages against the State of Chile. Successful representation of concessionaire company in proceedings for environmental damages against the State of Chile.

Public Litigation. Revocation of authorizations for mining project execution. Successful representation of a mining company in proceedings that sought to revoke authorization for the operation of the project for USD $5.5 billion.

Arbitration. Energy. Successful representation of a foreign company in two proceedings related to the design and construction of an energy project. $15 million

M&A litigation. Pre-contractual liability. Representation of a Chilean economic group in proceedings for damages compensation in sale’s negotiations of a salmon company. USD $85 million.

Relevant Antitrust Experience

Cartel. Representation of SCA (Essity) in one of the most relevant cartel cases in the history of Chile before both the Chilean Antitrust Court and the Supreme Court. 

Leniency Application. Cartel. Successful representation of a transnational company before the Office of the National Economic Prosecutor (“FNE”), where a 30% reduction of the fine was obtained.

Merger control. Successful representation of Komatsu in obtaining the approval of both the FNE and the Chilean Antitrust Court  for the acquisition of its global competitor in the manufacture of heavy machinery market, Joy Global.

Sanction proceedings. Successful representation of Pfizer in sanction proceedings before the Chilean Antitrust Court. 

Merger control. Successful representation of General Electric in obtaining the approval of both the FNE and the Chilean Antitrust Court for the sale of its global appliances business to its global competitor Electrolux. 

Abuse of dominant position. Successful representation of a transnational company in litigation for abuse of dominance before the Chilean Antitrust Court. 

Unfair Competition. Successful representation of one of the world’s leading hygiene companies in proceedings of unfair competition for abusive advertising.

Merger control. Successful representation of FedEx in obtaining the approval of the FNE for the acquisition of one of one of its main global competitors, TNT. 

Cartel. Successful representation of a luxury tourism company before both the Chilean Antitrust Court and the Supreme Court. 

Merger control. Successful representation of Continental in obtaining the approval of both the FNE  and the Chilean Antitrust Court for the acquisition of one of its main global competitors, Veyance.

José Joaquín is a lawyer, professor of Law and also acts as an arbitrator. He has focused his career in two areas: he is an expert in litigation and arbitration, as well as in antitrust. 

His recent experience as counsel demonstrates a great track record representing Chilean and foreign clients, both in domestic and international arbitrations, and in litigation before tribunals and national courts.

Likewise, in antitrust, José Joaquín has achieved important successes in cases of cartel, abuse of dominant position, merger control and unfair competition.

José Joaquín has been recognized on multiple occasions as one of the most prominent Chilean lawyers in Litigation and Arbitration, as well as in Antitrust. This has been the case in international rankings such as Chambers & Partners (Global and Latin America), Legal 500, GCR -Global Competition Review-, Leaders League, Latin Lawyer, Best Lawyers, among others.

Before founding Ugarte & Correa in 2016, José Joaquín worked for 12 years at Baker & McKenzie, where he was a Partner in the Litigation and Arbitration, and Antitrust areas.

Spanish and English Languages    

Professor

For more than 15 years, José Joaquín has given classes in Civil Law at the Pontificia Universidad Católica de Chile, specializing in subjects such as Contracts, Damages, Torts and Inheritance Law, among others.

He has also been a professor in the Antitrust Postgraduate Program at the same university.

Studies

  1. Master of Laws (LL.M.), University College of London and Queen Mary School of Law
  2. Certificate in International Arbitration and International Dispute Resolution, Queen Mary School of Law
  3. Diploma in Insurance Law, University College of London
  4. Diploma in Civil Liability, Pontificia Universidad Católica de Chile
  5. Law Degree (LL.B.), Pontificia Universidad Católica de Chile

International arbitration. Project litigation. Successful representation of a foreign company in arbitration regarding the construction of a power plant. USD $1.8 billion. 

Domestic arbitration. Construction litigation. Successful representation of an international company in litigation associated with a construction project. USD $92 million.

Investment Arbitration. Successful representation of a foreign investor in arbitration for the protection of foreign investment in Chile. 

International arbitration. International sale of goods. Vienna Convention. Successful representation of a mining company in litigation arising from the purchase of equipment that did not achieve expected yields and production. USD $46 million. 

Domestic arbitration. Engineering Project. Successful representation of an international engineering company in arbitration related to the design of a project. USD $43 million.

Arbitration. Securities Market. Representation of a Chilean company in proceedings for damages compensation associated with the termination of a management contract. USD $30 million.

Litigation for environmental damages against the State of Chile. Successful representation of concessionaire company in proceedings for environmental damages against the State of Chile.

Public Litigation. Revocation of authorizations for mining project execution. Successful representation of a mining company in proceedings that sought to revoke authorization for the operation of the project for USD $5.5 billion.

Arbitration. Energy. Successful representation of a foreign company in two proceedings related to the design and construction of an energy project. $15 million

M&A litigation. Pre-contractual liability. Representation of a Chilean economic group in proceedings for damages compensation in sale’s negotiations of a salmon company. USD $85 million.

Cartel. Representation of SCA (Essity) in one of the most relevant cartel cases in the history of Chile before both the Chilean Antitrust Court and the Supreme Court. 

Leniency Application. Cartel. Successful representation of a transnational company before the Office of the National Economic Prosecutor (“FNE”), where a 30% reduction of the fine was obtained.

Merger control. Successful representation of Komatsu in obtaining the approval of both the FNE and the Chilean Antitrust Court  for the acquisition of its global competitor in the manufacture of heavy machinery market, Joy Global.

Sanction proceedings. Successful representation of Pfizer in sanction proceedings before the Chilean Antitrust Court. 

Merger control. Successful representation of General Electric in obtaining the approval of both the FNE and the Chilean Antitrust Court for the sale of its global appliances business to its global competitor Electrolux. 

Abuse of dominant position. Successful representation of a transnational company in litigation for abuse of dominance before the Chilean Antitrust Court. 

Unfair Competition. Successful representation of one of the world’s leading hygiene companies in proceedings of unfair competition for abusive advertising.

Merger control. Successful representation of FedEx in obtaining the approval of the FNE for the acquisition of one of one of its main global competitors, TNT. 

Cartel. Successful representation of a luxury tourism company before both the Chilean Antitrust Court and the Supreme Court. 

Merger control. Successful representation of Continental in obtaining the approval of both the FNE  and the Chilean Antitrust Court for the acquisition of one of its main global competitors, Veyance.