Ricardo Padilla
Associaterpadilla@carey.cl
+56 2 2928 2213
Senior Associate of the dispute resolution group. His practice focuses on complex civil, commercial and insolvency litigation; national and international commercial arbitrations; and judicial proceedings before the various jurisdictions of Chile. He specializes in construction disputes in the real estate, renewable energy and mining sectors. Likewise, he is highly experienced in contractual disputes of various kinds, as well as in non-contractual matters related to unfair competition.
REPRESENTATIVE EXPERIENCE
- Mainstream Renewable Power on the implementation of the financial restructuring of its portfolios of 10 non-conventional renewable energy projects "Huemul" (630MW), "Cóndor" (591 MW) and "Copihue" (148.5 MW), financed under a project finance structure with several bank syndicates and the renegotiation of a mezzanine financing, as part of the Chilean reorganization processes initiated by Cóndor Energía and Huemul Energía, and under the Chapter 11 process initiated in the United States against certain affiliates of MRP by one of its creditors, for USD1.6 million.
- Several principals and contractors on arbitration proceedings and out-of-court negotiations for damages arising form the execution of DBB, EPC and EPCM construction contracts.
- Several renewable energy companies on the administration of contracts and claims in the context of BOP and TSA contracts.
- Codelco on several disputes regarding the termination of logistics, service provision and construction contracts.
- Multinational companies on unfair competition cases in the commercial distribution, construction and IT industries. Among them, WOM, confirming that its advertising is legitimate and does not undermine fair competition in the telecommunications markets.
- National and multinational companies such as Equitas Capital, Codelco, Mainstream Renewable Power and SMU on national and cross-border reorganization and liquidation proceedings. In particular, credit claims, negotiations with creditors meetings and liquidators and the filing of bankruptcy claw-back actions.
- Local and international companies on international commercial and investment arbitration proceedings and nullity actions under Law No. 19.971.
AWARDS AND RECOGNITIONS
- Recognized in Arbitration and Mediation, Litigation and Construction, Best Lawyers.
ACTIVITIES AND MEMBERSHIPS
- Member of the Alumni Council of the Faculty of Law, Universidad Diego Portales (since 2024).
- Member of the Executive Committee of the Santiago Very Young Arbitration Practitioners network (2022-2023).
- Member of the Executive Committee and Coordinator of the Civil Procedural Law Commission, Chilean Institute of Procedural Law (2013-2022).
- International Associate of the Litigation and Arbitration Group at Mattos Filho, Veiga Filho, Marrey Jr. E Quiroga Advogados, São Paulo, Brazil (2019-2020).
- Member of LCIA Young International Arbitration Group (YIAG).
- Member of ICC Young Arbitration Forum.
- Professor of Civil Law, Universidad Diego Portales (since 2018).
- Member of the arbitrator’s body of Pro Bono Foundation (since 2016).
- Assistant Professor and Lecturer of Civil Law, Universidad Diego Portales (2011-2017).
- Law Clerk of the Litigation Group, Carey (2010-2012).
- Member of the Chilean Bar Association.
PUBLICATIONS
- Author of the book “The private construction contract. Scope, obligations and liability”, Thomson Reuters (2023).
- Author of the article “The choice of combined orders. The effects and problems of the tronc commun doctrine”, Arbitration Library, Lima-Peru (2021).
- Author of the article "Some Notes on Applicable Jurisprudential Trends to the Regulation of Arbitration Established in the Comprehensive Treaty and Progressive Trans-Pacific Association", Revista Chilena de Derecho Privado (2020).
- Author of the article “We Are Not Efficient when it Comes to Negotiation.” Revista Chilena de Derecho Privado, Fundación Fernando Fueyo Laneri (2019).
- Co-author of the article “Some Elements of the Constructor’s Civil Liability. Special Emphasis in Fast Track Contracts.” Revista Chilena de Derecho Privado, Fundación Fernando Fueyo Laneri (2018).
- Author of the article “Cassation Appeal and Legal Nature of Court Ruling Deciding on its Own Competence” Instituto chileno de Derecho Procesal (2018).
- Co-author of the article "The Primacy of the Contract Law before the Rules of Unfair Competition", Revista Chilena de Derecho Privado, Fernando Fueyo Laneri Foundation (2017).
- Author of the article "An Anticipated Application of the Civil Procedural Code", Revista Chilena de Derecho Privado, Fernando Fueyo Laneri Foundation (2016).
- Co-author of the article "The Unfair Competition in the Commercial Distribution Contract", Revista Chilena de Derecho Privado, Fernando Fueyo Laneri Foundation (2014).
- Author of the article "For a Proper Application of Estoppels", Revista Chilena de Derecho Privado, Fernando Fueyo Laneri Foundation (2013).
RELATED AREAS
EDUCATION
- Law, Universidad Diego Portales (Summa Cum Laude).
- Private International Law Course, Université Panthéon-Assas (Paris II), France (2012).
- Master in Civil Law, Universidad Diego Portales (2013).
- LL.M. in International Dispute Resolution, King's College London (Becas Chile Scholarship) (2019).
ADMISSIONS
- Chile (2014).
LANGUAGES
- Spanish.
- English.
- Portuguese.
