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GAR 100 - 5th Edition

Carey & Cía

05 March 2012

Chile’s largest firm continues to work on ICSID’s longest-running case

GAR’s sister publication Latin Lawyer describes Carey & Cía as a “blue-chip titan”, the “undisputed leader in Santiago’s legal market” and the largest firm in the country by some margin.

The firm’s figurehead is Jorge Carey, as widely esteemed for his corporate and transactional work as for his international arbitration experience. He was Latin Lawyer’s “Law Firm Leader of the Year” for 2008. Carey sits as a conciliator at ICSID and an arbitrator at the Santiago Chamber of Commerce (ranked in a recent survey as the busiest arbitral institution in Latin America).

The firm had already registered its interest in international arbitration when it added Dyalá Jiménez, the former director of the ICC court’s Latin American division, as special counsel back in 2007, although she since left to start her own boutique (DJ Arbitraje).

Partner Gonzalo Fernández Ruiz heads the Carey & Cía disputes practice. He’s a member of the dispute resolution panel at Mercosur. Clients interviewed by Latin Lawyer have praised his case-winning tactics: “He did an excellent job [...] he is very bright and works very efficiently. I felt we had a distinct advantage over our adversary on the strength of his written work.”

As well as commercial work, the firm has experience of investment treaty arbitration, having been one of the advisers to the Chilean government in the long-running ICSID case brought by Víctor Pey Casado, the former publisher of a newspaper seized by the Pinochet regime.

Although in 2008 a tribunal awarded the claimant in that case US$10 million, this was still well short of the US$550 million he had been asking. All the same, Chile is seeking to annul the loss and in May 2010 enjoyed a small procedural success when the ad hoc annulment committee agreed that it should not be required to post security pending the outcome. Arnold & Porter is Chile’s co-counsel in that case.

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