Gustavo Delgado  B.

Gustavo Delgado’s practice focuses on Public Law and Dispute Resolution matters, including public procurement, administrative proceedings, arbitration and litigation against public bodies. His counseling is frequently addressed to Natural Resources and Mining companies. Gustavo has published papers and book chapters on Public Law and Litigation.

He teaches Public Law at Pontificia Universidad Católica de Chile Law School.

Education

J.D. Equivalent, Pontificia Universidad Católica de Chile (2010)

Diploma on Administrative Litigation, Pontificia Universidad Católica de Chile (2018)

Honors & Distinctions

The LEGAL 500. Latin America. Recommended Lawyer (2019, 2021)

Language Capability

Spanish (Native), English (Fluent)

Memberships

ICON S

ADAD- Asociación de Derecho Administrativo, Chile

ICC YAF - International Chamber of Commerce Young Arbitrators

LCIA YIAG - London Court of International Arbitration Young International Arbitration Group

Colegio de Abogados de Chile

- Representation of CODELCO  in  a contractual liability lawsuit initiated by a contractor and its owners (2019).

-Representation of a Chilean corporation and its shareholders, in ad hoc arbitration initiated by a former executive who claimed his shareholder status. For different reasons, the plaintiff demanded the payment of a total sum of USD 1 million, approx. (2019).

-Representation of the American wine distributor, in a preliminary ruling against Viña Undurraga, regarding the unilateral termination of a representation contract (2017).

- Representation of a US valve manufacturer company, in CAM arbitration followed against its Peruvian distributor, for contractual liability (2017).

-Representation of a European company that manufactures hydroelectric generating turbines, in a CAM arbitration, against its representative, for contractual responsibility for delays in the assembly of a plant. The sum of the damages requested by both parties was 21.6 million Euros, approx. (2014).

- Representation of a Chilean corporation, in the procedure of application of contractual fines, initiated by an administrative institution. The Service had ordered the application of fines, the early termination of the contract and the collection of a guarantee slip, which meant a loss of USD 0.3 million, approx. We obtained the annulment of the administrative decision through an invalidation procedure (2019)

- Representation of a North American television company, in sanctioning proceedings initiated by a National Agency  in which fines were applied to Chilean licensees for a total of USD 0.4 million, approx. Through appeals, processed before the Iltma. Santiago Court of Appeals, we managed to reduce the total fines to USD 150 thousand, approx. (2019).

- Representation of Unión Española S.A.D.P. in a patrimonial responsibility lawsuit initiated against the Municipality of Independencia, for USD 22.4 million, approx. (2018).

- Representation of two investment fund managers in administrative sanction processes initiated by the UAF (2018).

- Representation of Tivit Chile in administrative procedures for the application of contractual fines, initiated by the Central Metropolitan Health Service. The fines applied amount to USD 2 million, approx. (2017).

- Representation of Unión Española S.A.D.P. in the procedure of collection of tax obligations followed before the General Treasury of the Republic and in resources processed before the Iltma. Santiago Court of Appeals. The nullity of the embargo and the statute of limitations on the debt collected, which amounted to USD 2 million, approx. (2017).

- Representation of a European generator turbine manufacturer company, before a Regional Ministerial Health Secretariat, in a sanitary summary initiated by an unauthorized installation. The company was acquitted (2017).

- Representation of AFP Planvital before the Santiago Court of Appeals and the Supreme Court, in a protection appeal filed against the Superintendence of Pensions, for illegal instructions (2017).

-Representation of Oracle Systems of Chile before the Constitutional Court, in a request for inapplicability due to unconstitutionality, regarding the first paragraph of article 4 of the Law on Public Procurement and Contracting. The procedure ended by an agreement between the parties (2016).

- Representation of SCA Chile before the Constitutional Court, in the jurisdiction dispute between the Public Ministry and the Free Competition Defense Court regarding the declaration of the confidential nature of the company's commercial information, in the context of the case " Collusion of the Tissue ”. The judgment accepted the position defended by SCA Chile (2015).

- Representation of a European renewable energy company to obtain easements for the development of a renewable energy project. (2020).

- Representation and advice of the generating company, in a discrepancy procedure before the Panel of Experts of the General Law of Electric Services (2019).

- Representation of a Chilean company in trial to obtain the nullity of the Environmental Qualification Resolution of the Alto Maipo Project, with investments of USD 700 million, approx. (2017)

- Advice to a union association in the design of a strategy to obtain uniform treatment, throughout the country in matters of environmental protection (2019).

- Representation of mining company in administrative procedures of precautionary measures and sanctions before SERNAGEOMIN (2017).

- Representation of SCM Ovalle in the mining easements extension procedure of the Mollacas Project, against Agrícola Bauzá (2014).

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