José Joaquín Ugarte

Practice Areas

International and Domestic Arbitration, Antitrust, and Litigation.

Career

José Joaquín Ugarte is a lawyer, professor and arbitrator. His main areas of expertise are arbitration, antitrust and litigation.

While Mr. Ugarte’s professional activity primarily focuses on acting as a party representative lawyer for clients in international and domestic disputes, he also acts as an arbitrator, serving on lists of arbitrators in Chile and abroad.

Various international rankings have consistently recognized him as one of Chile´s leading lawyers in arbitration, antitrust and litigation (Chambres & Partners Global, Chambers & Partners Latin America, Legal 500, Leaders League, Best Lawyers, among others).

In addition to his professional activity, José Joaquín has had a long academic career. He is a Civil Law professor at the Catholic University of Chile (2005-), where he teaches courses such as Contracts and Liability. Additionally, Mr. Ugarte has been a Visiting Scholar in International Arbitration and Investment-State Arbitration at the Centre for Commercial Law Studies at Queen Mary University (2022-2023). Likewise, José Joaquín has also been a professor of Antitrust Law in the postgraduate program of the Catholic University of Chile.

José Joaquín has given lectures in Chile and abroad (e.g., United States, Mexico, Brazil, Colombia, Peru) on topics such as arbitration, litigation, antitrust law, administrative law, damages, among others. Additionally, he has published articles on civil, commercial, and antitrust law in Chile and abroad.

Before founding Ugarte & Correa, Mr. Ugarte worked at an international law firm (2004-2016), where he was Partner and lead its areas of Arbitration and Litigation and Antitrust Law for Chile.

Work Highlights

Relevant experience in Litigation & Arbitration.

• International Arbitration. Energy project. US$1.8 billion. Successful representation of a foreign company in an arbitration proceeding before the International Chamber of Commerce (ICC), related to the construction of a power generation plant.

• Constitutional/Administrative Litigation. Mining project. US$5.5 billion. Successful representation of a mining company in a process seeking to revoke permits for its operation.

• International Arbitration against the State of Chile (Corfo). Mining. Currently representing a US mining company in an arbitration against the State of Chile before the International Chamber of Commerce (ICC) related to the payment of commissions for the extraction and the commercialization of lithium from the Atacama Salt Flat.

• Domestic Arbitration. Construction and Projects. US$92 million. Successful representation of an engineering company and a mining company in a conflict related to the construction of a key project for mining operations in Chile.

• Litigation. Pre-contractual liability. M&A. US$85 million. Currently representing a client in a demand for liability associated with unfair negotiations in the sale of a salmon company.

• Domestic Arbitration. Financial. Securities Market. US$32 million. Successful representation of a client in a process claiming compensation for the termination of a contract for the administration of financial assets.

• International Arbitration. International sale of goods. US$46,5 million. Successful representation of a client who demanded payment of damages for equipment that did not achieve expected yields and production.

• Litigation. Environmental Damage. Successful representation of a company accused by the State of Chile of causing environmental damage in the south of the country, in relation with the execution of a road concession.

• Constitutional/Administrative Litigation. Energy Project. ILO 169. Successful representation of a company in a legal process to obtain permits for the execution of an electrical project.

• International Arbitration. Mining Project. Currently representing a multinational company in two international arbitrations in which breach of contract and acts of corruption are being claimed.

• International Arbitration. Design and Construction of Electrical Project. Successful representation of a foreign company in two proceedings related to the design and construction of an electrical project.

Relevant experience in Antitrust Law.

• Cartel. SCA/Essity (tissue paper cartel). Successful representation of SCA/Essity in what has likely been the most complex cartel case ever brought before the Competition Tribunal and the Supreme Court.

• Cartel. Brink's. Currently representing Brink's in a case where the Chilean Competition Agency is pursuing the highest fine ever requested in the history of antitrust in Chile.

• Merger and acquisition control. FedEx. Successful representation of FedEx before the Chilean Competition Agency, obtaining authorization for the acquisition of TNT in Chile.

• Sanctioning procedure. Pfizer. Successful representation of Pfizer in a sanctioning procedure before the Competition Tribunal.

• Leniency program. Cartel. Successful representation of a client who obtained benefits from the Chilean Competition Agency in a leniency program due to a cartel case.

• Merger and acquisition control. La Fête Chocolat. Successful representation of La Fête Chocolat before the Chilean Competition Agency, obtaining authorization for the acquisition by Nestlé.

• Merger and acquisition control. General Electric. Successful representation of General Electric before the Chilean Competition Agency and the Competition Tribunal, obtaining authorization for its acquisition by Electrolux in Chile.

• Cartel. Abercrombie & Kent. Successful representation of Abercrombie & Kent before the Competition Tribunal and the Supreme Court, in a cartel case in the luxury tourism market.

• Unfair competition. Successful representation of a multinational company in various proceedings regarding unfair competition committed through improper advertising by some of its main global competitors.

• Abuse of dominant position. Nokia. Successful representation of Nokia before the Competition Tribunal obtaining the complete dismissal of a lawsuit accusing it of abuse of dominant position.

Languages Spoken

Spanish and English

Education