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JJR Abogados | Chile | 28 Jul 2021

Chilean Senate Chamber approves Annex VI of Protocol on Environmental Protection to the Antarctic Treaty

A draft bill approving Annex VI of the Protocol on Environmental Protection to the Antarctic Treaty was recently unanimously approved by the Senate Chamber. Annex VI of the protocol aims to establish obligations for Antarctic operators to adopt preventive measures, plans and actions in the face of environmental emergencies. This article focuses on what shipping operators should be aware of......
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JJR Abogados | Chile | 5 May 2021

Supreme Court grants compensation for hydrocarbon spill

The Supreme Court recently granted compensation for moral damages (pain and suffering) to workshop service providers and fisherpeople in the context of a hydrocarbon spill. The spill occurred when a tank vessel discharged crude oil at Empresa Nacional del Petróleo's terminal in San Vicente Bay. The shipping industry should follow this development carefully as it implies more certainty on the......
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Bofill Escobar Silva Abogados | Chile | 11 Mar 2021

Asset tracing and recovery: what role can arbitration play?

In Chile there is no comprehensive legislation which deals specifically with asset recovery. However, victims of fraud may use the general tools that are available under Chilean law to victims of crime that seek restoration. Criminal cases cannot be subject to arbitration, although the civil liability derived from the crime may be submitted to the competence of an arbitration tribunal....
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JJR Abogados | Chile | 23 Dec 2020

Protocol for detection of suspected COVID-19 cases in Chilean ports

The Sub-secretariat of Public Health recently developed the Protocol for the Detection of Suspected Cases of COVID-19 in Ports (Phase 4). The protocol aims to define actions for vessels requesting entry into the country or carrying out cabotage, establish guidelines for the timely detection of COVID-19 in ports and determine the action to be taken in the face of suspected COVID-19 cases......
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Bofill Escobar Silva Abogados | Chile | 26 Nov 2020

Supreme Court's new take on international arbitration clauses

Historically, the Santiago Court of Appeals has held that parties' only recourse against an international arbitral award is the set-aside procedure. However, the Supreme Court recently established that parties' intentions as expressed in an arbitration clause cannot be dismissed when analysing the available forms of recourse against an arbitration award. This decision emphasises the......
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Porzio Ríos García | Chile | 2 Sep 2020

Return to work and workplace safety measures amid COVID-19 outbreak

Active cases of COVID-19 are slowly beginning to decrease in Chile. In some areas, the authorities are gradually easing lockdown and movement restrictions. In this slow transition out of pandemic mode, companies are beginning to resume operations. As such, the Ministry of Employment has created a Step-by-Step Employment Plan which highlights the safety and prevention measures that employers......
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JJR Abogados | Chile | 5 Aug 2020

Complementary resolutions to cargo delivery procedures issued

Customs recently issued three complementary resolutions to its cargo delivery procedures. However, grey areas remain regarding their interpretation and practical implementation, particularly in connection with the potential delivery of cargo without surrender of the original bill of lading. In this respect, ocean carriers should proceed carefully and liaise with their Chilean port agents to......
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JJR Abogados | Chile | 29 Apr 2020

Constitutional remedy incorrect legal tool for challenging vessel arrests

In an unprecedented action, the owners of a vessel attempted to undermine arrest measures by bringing a constitutional remedy before the Concepción Court of Appeal. The decision helps to protect the institution and procedure relating to vessel arrests and implies more certainty in terms of the outcome of such proceedings.
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JJR Abogados | Chile | 1 Apr 2020

COVID-19 crisis and changes to cargo delivery procedures

In the context of the current COVID-19 crisis, Customs recently issued Resolution 1179/20, which implements transitory modes for the treatment of various customs procedures and the ways of presenting documents associated therewith to facilitate foreign trade transactions. Among these transitory measures, Customs has authorised electronic exchanges and amendments to bills of lading. However,......
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Bofill Escobar Silva Abogados | Chile | 25 Feb 2020

Supreme Court decision on bonds, securities litigation and damages

The Supreme Court recently issued the final decision in a landmark securities case on damages in connection with bonds issued by a listed company in the retail industry. The ruling does not prevent the possibility of obtaining compensation by bondholders that have suffered losses in the securities market, but it does emphasise that in order to be compensable, damages must be certain according......
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