Juan Carlos Riesco
Partnerjcriesco@carey.cl
+56 2 2928 2203
Partner of Carey and co-head of the firm's Litigation and Arbitration Group. His practice focuses on local and international arbitrations (commercial and investment), as well as civil, commercial, antitrust and regulatory litigation. He has vast experience advising national and foreign clients in arbitration proceedings under the rules of CAM Santiago, ICC, ICSID and UNCITRAL. He also represents clients before the Supreme Court, Constitutional Court, Courts of Appeals, Civil Courts, Antitrust Court, and State administrative bodies (including the Financial Market Commission and Superintendencies).
REPRESENTATIVE EXPERIENCE
- Republic of Chile on a resubmission proceeding pursued by Joan Garcés, in representation of Víctor Pey, Coral Pey and Fundación Presidente Allende under the ICSID rules. Additionally, representing the Republic of Chile on a lawsuit filed against it in 2018 by Joan Garcés, under the rules of UNCITRAL.
- Salini-Impregilo, the largest constructor company in Italy, through its Chilean subsidiary, Metro 6, on an arbitration procedure initiated by the state-owned Metro, for alleged breach of contract for the construction of subway line number 6.
- Philip Morris Chile on a claim before the Antitrust Court against British American Tobacco Chile, for abuse of dominant position and the performance of exclusionary acts. Also, before a Civil Court, on a summary judgment against British American Tobacco Chile for the damages that resulted from the exclusionary acts performed in the Chilean cigarettes market.
- Nuevosur on an arbitration procedure initiated by the state company Econssa with the purpose to determine the scope of the "Unpaid Investments Mechanism", agreed by the parties in the Assignment Contract for the Water Concessions Explotation Rights.
- Inversiones Punta de Rieles and Antofagasta Railway Company on an arbitration procedure of about eight different claims for alleged infringement of the representations and warranties contained in the SDA and the Purchase Agreement of Aguas de Antofagasta The main claim referred to the expansion project of a desalination plant.
- Cencosud on a lawsuit for alleged violation of the unfair competition law.
- Graña & Montero on three different arbitration procedures initiated against the company, whereby the claimant requested the declaration of nullity of an Investment Agreement of a Shareholders' Agreement and other instruments, plus a compensation for damages.
- WOM, a foreign-owned telecommunications company, in various civil, arbitration and antitrust proceedings.
- Enel Group, a group with Italian capital and one of the leading companies in Chile in the energy, generation and distribution sector, in several arbitration proceedings related to construction and contractual interpretation.
- The Not Company (NotCo), a Chilean unicorn company dedicated to the production of food using artificial intelligence, on a lawsuit filed against it for alleged violation of the law on unfair competition.
- A Central American country on an investment arbitration initiated before the International Centre for the Settlement of Investment Disputes (ICSID) (in Arnold & Porter).
AWARDS AND RECOGNITIONS
- Recognized in Dispute Resolution: Arbitration, Chambers and Partners.
- Recognized in Dispute Resolution: Litigation, and Dispute Resolution: Arbitration, Legal 500.
- Recognized in Litigation and Arbitration, Latin Lawyer 250.
- Recognized in Litigation and International Arbitration, Best Lawyers.
- Recognized in Benchmark Litigation Latin America.
- Recognized in Arbitration and Litigation, Leaders League.
- Recognized in Dispute Resolution, Top Ranked Legal.
ACTIVITIES AND MEMBERSHIPS
- Foreign associate, International Arbitration practice, Arnold & Porter, Washington DC, USA (2014).
- Member of the panel of arbitrators of the Arbitration and Mediation Center, Santiago Chamber of Commerce.
- Member of the Advisory Committee of the Chilean Institute of Procedural Law (2011).
- Professor of the Diploma of the project for the Civil Procedure Reform, Universidad Católica de Chile (2011).
- Professor of Civil Law, Universidad Nacional Andrés Bello (2007-2012).
- Member of the Chilean Bar Association.
PUBLICATIONS
- Co-author of the article "Comments on the Increasing Impact of Anti-Corruption rules in International Arbitration", CAM Santiago (2019).
- Co-author of the Chilean chapter in the Chambers Global Practice Guide: Litigation, Chambers and Partners (2019).
RELATED AREAS
EDUCATION
- Law, Universidad Católica de Chile.
- Degree on Modern Civil and Commercial Rules for Contracting, Universidad de Chile (2008).
- LL.M., University of California, Berkeley, USA (2013).
- Degree on Administrative Litigation, Universidad Católica de Chile (2016).
ADMISSIONS
- Chile (2007).
LANGUAGES
- Spanish.
- English.
