Óscar Aitken
Partneroaitken@carey.cl
+56 2 2928 2223
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.
REPRESENTATIVE EXPERIENCE
- An international consortium on a BOOT contract for the construction and operation of a desalination plant in northern Chile.
- A professional services company on a collective bargaining process with a union of 600 employees.
- 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 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.
- An important laboratory on its new corporate office lease agreement and EPC contract for the construction and furnishing of its open plan office in Santiago.
- A major global mining company on EPC, EPCM and related contracts for a mining project for a total of USD1.1 billion.
- A leading global laboratory on criminal labor disputes arising from a termination for cause involving fraud.
- An international mining company on a case of harassment investigation and associated disciplinary action, including termination.
- 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.
AWARDS AND RECOGNITIONS
- Recognized in Labor and Employment and Projects, Chambers Latin America.
- Recognized in Labor and Employment, Legal 500.
- Recognized in Project Finance and Infrastructure and in Labor, Latin Lawyer 250.
- Recognized in Project Development, IFLR1000.
- Recognized in Labor, Employment and Benefits, Corporate Immigration, Commercial Mediation, and Construction, Lexology Index.
- Recognized in Labor and Employment, LACCA.
- Recognized in Construction, Employee Benefits, Immigration, and Labor and Employment, Best Lawyers.
- Recognized in Labor and Employment, Leaders League.
- Recognized in Construction, Expert Guides.
- Recognized in Labor and Employment and Projects, Top Ranked Legal.
- Named Lawyer of the Year in Labor & Employment, Best Lawyers (2015).
- Winner in the Real Estate Category, Leading Lawyers, Idealis (2014).
ACTIVITIES AND MEMBERSHIPS
- 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).
- Arbitrator of the Arbitration and Mediation Center, 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).
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.
RELATED AREAS
EDUCATION
- Law, Universidad de Chile (Summa Cum Laude).
- LL.M., University of Michigan (1991).
ADMISSIONS
- Chile (1989).
LANGUAGES
- Spanish.
- English.
