Nicolás Vergara

Practice Areas

Nicolás is a founding partner of OVB. He has two decades of experience in dispute resolution, civil and commercial litigation and arbitration.

His success in several nationally important disputes is outstanding, and he represents clients in several production sectors, such as pharmaceuticals, mining, energy, agroindustry, fishing, real estate and construction, insurance, forestry, finance and the securities market, regulated markets and shareholder disputes.

Career

B.A. in Legal and Social Science, Law School, Pontifical Catholic University of Chile (2001).

Master of Laws (LL.M.), University of California, Berkeley (2007), Boalt Hall School of Law.

Professional Memberships

Professor of Civil Law, Pontifical Catholic University of Chile (2002 - present).

Member of the roster of Arbitrators of the Santiago Court of Appeals (2019-2020).

Chairman of the Board of Fundación Altiplano from 2000 to 2016 and a member of its board to date.

Member of the Chilean Bar Association.

Publications

“La Tradición y la Prescripción Adquisitiva como Modos de Adquirir el Dominio” (Tradition and Acquisitive Prescription as Ways of Acquiring Ownership), by Professor Víctor Vial del Río, Editorial Universidad Católica (2000). Collaborator.

“Inversiones Eléctricas en Chile, Quien decide?” (Electricity Investments in Chile, Who Decides?), Revista del Abogado No. 60, Chilean Bar Association, May 2014.

Clients

Enel

Sonapesca

Farmacias Salcobrand

Ariztía

Work Highlights

Representing two Municipalities and over 700 hundred farmers in negotiations and to-be-expected claims against a major. energy company (Confidencial)

Representing a big energy company in a litigation lawsuit against Zofri who sued the client’s Firm (US$ 5 millions)

An important pharmaceutical company in a class action filed by the National Consumer Service after the Competition Court and the Supreme Court upheld a conviction of collusion (more than US$10 million).

An important poultry company before the Competition Court and the Supreme Court in an accusation of collusion filed by the National Economic Prosecutor.

A major poultry company in a class action filed by the National Consumer Service after the Competition Court and the Supreme Court upheld a conviction of collusion (more than US$300 million).

Two municipalities and farmers in a dispute over the collapse of a tunnel that cut off the flow of irrigation water in the zone.

Two insurance companies in ad hoc arbitration seeking an indemnity for damages caused by a fire in a mall that they had co-insured (US$40 million).

A mining company before the Supreme Court in relation to approval of the environmental permits needed for its operation.

An insurance company in a civil liability claim regarding a fire that destroyed the San Francisco Baron Church in Valparaíso (US$3 million).

A fishing companies association in a constitutional action in a case questioning the legality of certain fishing authorizations issued by the authority for the north zone of the country.

An important pharmaceutical company in a dispute about medication supply contracts against the main health management organizations (Isapres) in the country (exceeding US$15 million).

Major property and casualty insurance company in a voluntary vehicle insurance mediation procedure before the National Consumer Service.

A power generating company in an arbitration under CAM Santiago Rules to default on an Exclusive Right Contract (US$16 million).

A major commercial bank in an accusation filed against it by the National Economic Prosecutor in relation to the tender of insurance for its mortgage portfolio (US$3 million).

A main movie theater chain in an accusation made by the National Economic Prosecutor petitioning for divestment of assets in a concentration transaction (in excess of US$60 million).

Languages Spoken

Spanish

English