We invite you to know our practice areas.
We continue a long legal tradition, whose seal is expressed in excellence and the permanent search for the best solution for our clients.
Arbitration and Litigation
Our name is indissolubly associated with the practice of arbitration as a means of dispute resolution. We are proud of that history and are its faithful heirs. Our partners have participated in multiple proceedings in corporate, commercial and contractual matters, both in arbitral litigation and as arbitrators.
In the same way, we have proven capacity to litigate before ordinary and special courts, in civil, commercial and administrative contentious matters. In this exercise, we combine our legal strength with the skills and abilities that today’s judicial proceedings demand in matters of oral litigation and specialized courts.
Aylwin y Compañía has participated in important litigations in matters of contractual liability and torts, lawsuits arising from conflicts in construction contracts, public procurement, claims of illegality of municipal actions, account lawsuits, and claims between tax and customs courts, among others.
Environment, Natural Resources, Energy and Communities
Environmental law is part of our original identity. Our partners have actively participated in the design, development and implementation of projects subject to the Environmental Impact Assessment System, as well as in litigation, Due Diligence processes, permits and legal reports on environmental matters.
This experience allows us to advise our clients from the early stages of project planning, anticipating contingencies and designing strategies aimed at avoiding or minimizing their impact. Our competencies include negotiation with local and indigenous communities, as well as consultation processes in accordance with ILO Convention 169.
In addition, in natural resources and energy fields, our partners participate from the preliminary stages of a project, such as obtaining permits, licenses and easements, construction (EPC), execution and negotiation of sale and purchase agreements (PPA, GSA, OSA) and related or ancillary services, and the project closing stage. We have broad experience in the negotiation of Joint Ventures and Joint Operating Agreements.
Our partners have been trained in this field in renowned Chilean and foreign universities, and teach in each of these areas.
We know how important it is for our clients to have adequate advice regarding current tax regulations and their effects on their decisions. Our office has lawyers specialized in this field, with the ability to provide quality advice at both corporate and individual levels.
The experience of our professionals allows them to analyze and design strategies that are better tailored to the direct and indirect tax reality of our clients in local and international transactions, in the definition of the structure to start their business in Chile, eorganize their company, develop financing processes and organize family wealth, among other matters.
We are also able to represent our clients judicially and administratively in the defense of their interests, as well as to advise and represent them in private negotiations, whenever these matters have tax effects.
Our partners have performed important public functions in the field of regulation and oversight of the energy sector, telecommunications and free competition, which gave them a broad technical domain in these industries.
Additionally, Aylwin y Compañía has participated in the implementation and financing of energy projects, in the exploration and exploitation of hydrocarbons, in the planning and execution of mining projects, in public and private bids in energy and telecommunications, as well as in the execution of commercial agreements and contracts for the marketing, supply and transport of energy.
We understand the logic and functioning of regulated markets, the concerns of sectoral authorities and the needs of investors.
Our experience and constant updating allow us to satisfy the most critical requirements of our clients in each one of the regulatory aspects that affect their businesses in these markets.
We are aware of the impact that labor relations have for the success of any venture.
For this reason, we have developed the capacity to legally assist our clients in the management of their human resources, in the drafting of contracts, settlements and internal regulations, in the amendment of such instruments as a result of corporate restructuring, in the preventive audit of human resources systems and labor contracts to ensure their compliance with current legislation, as well as in advising collective bargaining.
We also have experience in representing individuals and companies in processes of negotiation, dialogue and mediation before labor authorities, as well as in the representation necessary to respond adequately to sanctioning processes carried out by the Labor Department.
Construction and Real Estate
Aylwin y Compañía supports construction and real estate companies throughout the life cycle of their projects, starting with the assessment of the regulatory feasibility of developing them, considering title studies, property mergers or subdivisions, tenders, processing of municipal and environmental permits, constitution of rights in rem and co-ownership regulations, as well as advising and participating in the sale of units, final acceptance and after-sale processes.
We have a successful experience in the resolution of disputes between construction companies and public sector principals, at central, regional or municipal level. At this level, we have developed and implemented strategies of action both before courts as well as before government agencies for the effective collection of rejected payment statements, additional payments for contract amendments and overheads for extended periods. In each of these actions we have tried to guarantee the fair and timely remuneration that corresponds to those who carry out construction works of the most diverse sizes.
Foreign Investment and Corporate Services
Aylwin y Compañía’s lawyers have broad experience in advising foreign companies, supporting them in their incorporation process to do business in Chile, representing them before administrative authorities, and advising them on the incorporation and/or organization processes in the country.
We put ourselves in the place of those who wish to invest in Chile but are unaware of its legal system and idiosyncrasies, and we seek to put our knowledge of it at the service of the solutions they require.
Our experience allows us to find the best response to the needs of domestic and foreign companies in the areas of company incorporation, structuring Joint Ventures, Due Diligence processes necessary for mergers and acquisitions, liquidation and dissolution of companies. We design and build, based on the needs of our clients, tailored business models and contractual structures.
We firmly believe in the value of cooperation between the State, enterprises, and associations of individuals and institutions for the achievement of the common good.
We advise companies and institutions in their relationship with the State, stakeholders and shareholders relevant to their performance. We support the construction of cooperative solutions in conflicts or disputes between communities, companies and institutions and the State administration. We design and support the implementation of public advocacy strategies. We provide technical and prospective analysis of initiatives under public discussion or in the process of being processed by the National Congress.
Our alliance with Vital Comunicaciones allows us to strengthen our services with support in strategic communication, crisis management, media management and spokesperson support.