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Bofill Escobar Silva Abogados | Chile | 22 Mar 2021

The Dispute Resolution Review: Chile

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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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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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Bofill Escobar Silva Abogados | Chile | 7 Sep 2020

The Asset Tracing and Recovery Review: Chile

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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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