Óscar Aitken

(The following information was supplied by the firm)

Partner of Carey and co-head of the Labor and Corporate Immigration Group and co-head of the Construction and Engineering Group. His practice includes litigation and arbitration, contracts, and general civil practice.

His labor and corporate immigration practice includes collective bargaining, union matters, unfair labor practices, compensation and benefits, discrimination and general violations of employee fundamental rights, employment termination, work related illnesses and accidents, labor related litigation of all types, as well as work permits and visas for foreign personnel.

In the construction and engineering practice, Mr. Aitken has vast experience in contracts for all phases of engineering work, as well as in all forms of construction and infrastructure related contracts including Design Built, EPC, EPCM and BOT. His practice ranges from experience with early stages of project development to bidding (including public concessions and PPP project), negotiation and preparation of contract documents, claims management and dispute resolution.

Mr. Aitken also has experience in real estate and has been involved in a variety of projects from development of natural conservation parks to housing projects, office and apartment buildings, hotels, industrial developments, etc.

REPRESENTATIVE EXPERIENCE

• An international consortium on a BOOT contract for the construction and operation of a desalination plant in northern Chile.
• An international airline on a collective bargaining process with two of its unions.
• 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 union claiming payment of days off under their collective bargaining agreement.
• A global international bank on the termination of two high ranked managers, which included post termination non-compete and non-solicitation agreements, services agreements and the accelerated vesting of a stock option plan.
• A Chilean company, owner of the website where around 80% of the used cars and vehicles are sold in Chile, on labor and employment matters associated to its sale to an Australian corporation. The advice was related primarily to the negotiation of new terms and conditions of employment for the key managers.
• A renewable energy company on a case of termination of its CEO in Chile, involving 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 new 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.

AWARDS AND RECOGNITIONS

• Lawyer of the Year Award in Immigration Law, Best Lawyers (2020).
• Recognized in Labor and Employment and in Projects, Chambers Latin America.
• Recognized in Project Finance & Infrastructure and in Labor, Latin Lawyer 250.
• Recognized in Labor and Employment, The Legal 500.
• Recognized in Labor and Employment, LACCA.
• Recognized in Thought Leaders: Construction and Labor & Employment; and in Corporate Immigration, Government Contracts, Mediation, Pension & Benefits, Who’s Who Legal.
• Recognized in Immigration Law, Labor and Employment, Project Finance and Development, Best Lawyers.
• Recognized in Project Development, IFLR1000.
• Lawyer of the Year Award in Labor & Employment, Best Lawyers (2015).
• Winner in the Real Estate Category, Leading Lawyers, Idealis (2014).
• Recognized in Construction, Expert Guides.

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).
• 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.
• Founding fellow and past board member, International Academy of Construction Lawyers (IACL).
• Founding fellow and 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).
• Member of the American Immigration Lawyers Association (AILA).
• 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

• Construction and Engineering
• Infrastructure and Project Development
• Labor and Employment Law

 

EDUCATION

• Law, Universidad de Chile (Summa Cum Laude).
• LL.M., University of Michigan (1991).

ADMISSIONS

• Chile (1989).

LANGUAGES

• Spanish.
• English.