Litigation
We are leaders in the practice of resolving complex disputes of a varied nature, involving multiple parties, interests, jurisdictions and/or requiring the analysis of large amounts of information. Our practice includes representing our clients in civil and commercial, antitrust, environmental, criminal and tax litigation in courts throughout our country.
We form multidisciplinary teams committed to all aspects of a case to design strategies capable of solving the dispute.
When faced with complex disputes that involve multiple procedures, forums, or areas of law, we usually represent our clients on the different fronts and/or coordinate the strategy with legal, commercial and communications teams.
We have wide experience cooperating with other law firms (both local and international) and we have the capacity to integrate with teams of lawyers, experts, client executives and crisis committees quickly and smoothly.
Domestic and international arbitration
Our firm stands out in the practice of domestic and international arbitration. At the local level, we have extensive experience in ad-hoc arbitration and before the Santiago Chamber of Commerce's Arbitration and Mediation Center (CAM Santiago). Our experience spans diverse industries, including construction, public works and concession contracts, energy, and mining, services, and extends to disputes among partners and shareholders as well as liquidations and partitions.
Our attorneys have experience in ad-hoc commercial arbitration proceedings and before institutions such as the International Chamber of Commerce (ICC) among others. In the area of investment arbitration, we have experience in proceedings conducted under the auspices of the International Center for Settlement of Investment Disputes (ICSID) and under UNICITRAL rules.
In addition, and in support of arbitration, we regularly represent clients before Chilean courts and work with law firms in matters related to obtaining preliminary injunctions, and enforcing or setting aside arbitral awards.
Criminal defense and investigations
Bofill Escobar Silva Abogados is a leading law firm in the national market for the representation of individuals and legal entities before the Chilean Public Prosecutor's Office and the different courts with jurisdiction in criminal matters. We have taken part in the major white-collar crime cases of the last decade, both as plaintiffs and defendants. Nonetheless, our practice extends to represent clients regarding any possible crime that is the subject of criminal investigation.
In recent years, our criminal practice has also increasingly focused on compliance and crime prevention. Our professional services include the development of crime prevention models for legal entities, internal investigations and advice regarding a given economic activity.
Tax advice, procedures, and disputes
Bofill Escobar Silva Abogados is a national reference in tax dispute resolution. Our practice is especially recognized for its effectiveness in resolving high-complexity tax disputes for international groups and high net worth families.
Our tax team advises companies and people in the resolution of disputes with the internal Tax Service. We participate both in administrative stages as well as in different legal instances. Depending on the situation, we can act by taking full responsibility for the legal advice and representation, or else teams with our clients' regular accountants and legal counsel.
Advice and resolution of regulatory disputes
Our team is composed of professionals with extensive training and experience in public law. We cover areas such as state regulation of goods, activities and services, and the assignment and/or permits that allow our clients to engage in their economic activities. We have advised our clients from different business backgrounds such as telecommunications, health, securities, energy, urbanism, construction, and environment, among others.
The consulting services consist of representing and defending our clients before administrative and judicial authorities, collaborating with our clients' internal teams to find conflict solution.
Our clients' representation includes proceedings before superintendencies, municipalities, the Financial Markets Commission, environmental agencies, the Ministry of National Assets, Housing and Urbanism, the Office of the Comptroller General and before regular and specialized courts at all levels, including the Constitutional Court, among others.
Resolution of real estate, infrastructure, and concessions-related disputes
Bofill Escobar Silva Abogados has a solid and experienced team dedicated to providing strategic advice and dispute resolution services in sectors related to infrastructure, construction, real estate development and public works concessions. We advise our clients with sectoral authorities, in joint ventures, with contractors and subcontractors, defending their interests and, when necessary, we resort to administrative entities as well as regular and special courts like the Technical Panel for Concessions and Arbitration Committees.
Bofill Escobar Silva Abogados' experience in the area includes participating in the country's main infrastructure projects, such as highways, hospitals, airports, power plants, and real estate projects, among others.
Corporate, joint-ventures and family businesses disputes
We have significant experience advising shareholders, partners, members of the board and managers in shareholders and corporate disputes. In these cases, when required by the client, our representation is not limited to arbitration or litigation proceedings but extends to corporate decision-making bodies to preserve the rights and business of our clients and the company's on-going operation.
Advice and representation in antitrust and unfair competition matters
Our practice in this area includes advising and representing individuals and legal entities, either as defendants, affected parties or interested third parties in antitrust law, including participation in the administrative processes before the National Economic Prosecutor's Office, and in diverse contentious and non-contentious proceedings before the Competition Court and the Supreme Court.
Our team has participated in many of the most relevant national price-fixing cases, in addition to those with international connections that were prosecuted in Chile. Given this experience, combined with our criminal practice, we provide specialized advice in the context of collusion and the potential criminal stage consequences that may arise. Our practice extends to all types of behavior related to antitrust law, including unfair competition and trade agreements that regulate corporate relations, and with senior executives regarding regulation of corporate secrets and non-compete clauses.
Furthermore, we regularly advise company boards, business associations and senior executives and commercial teams on matters related to best practice in compliance with antitrust regulation. We support the incorporation of such criteria into their business decision-making processes and organizational culture, either through the design and creation of ad-hoc compliance programs according to the market they participate in, training for an organization's different levels and areas, specific legal opinions, and accompaniment in negotiation processes with suppliers or clients, or concentration transaction processes.
Conducting businesses in the context of a dispute or under extraordinary pressures
The existence of disputes make it difficult to negotiate and materialize commercial transactions that could be advantageous to our clients and for all parties in dispute.
We have experience advising clients with these difficulties and helping them to continue with their businesses without compromising or weakening their position or rights in the context of a dispute, litigation or extraordinary pressures due to legal, reputational, or financial factors.
Corporate Investigations, compliance, and corporate governance best practices
Organizations need to foster a sustainable business culture. In that sense, the design, development, and implementation of compliance strategies should not only consider legal compliance and crime prevention models that seek to avoid sanctions, but must also include these elements in decision-making.
Our experience allows us to play a key role as our clients' partners in the creation of strategies that align regulatory compliance with strategic corporate decisions. We aim to protect both organizations and their executives from reputational issues related to corruption, collusion, and environmental crimes, among others, as well as from the exposure to substantial fines and even sentences of imprisonment.
