Team

Florencio
Bernales

Partner

Florencio is one of the most prominent litigators in Chile. He has participated in the most important and complex cases in the last 20 years, obtaining successful results for his clients. His prestige has earned him to be appointed as professor of procedural law at the Universidad de Los Andes, as well as the recognition of his peers by being elected as a member of the council of the Chilean Bar Association.

Degree: Chile, 1985.

Experience

Florencio is a partner of our firm, which he joined in 1995. He currently heads the firm’s Litigation group.

He specializes in civil and commercial litigation and arbitration, representing national and foreign companies in national litigation.

He has been involved in complex disputes related to the most diverse areas of the economy, such as construction, insurance, shareholder agreements, takeovers, indemnities, mining, environmental, electricity and antitrust. He also has extensive experience in negotiations.

Relevant Transactions / Milestones / Cases

  • Representation of Larraín Vial S.A. Corredora de Bolsa and two of their executives, against the Financial Market Commission (CMF), in the so-called “Cascada Case”, before the ordinary courts and the Constitutional Court.
  • Representation of Summer Tompkins in litigation over the inheritance of Douglas Tompkins.
  • Representation of Michel Durand in inheritance litigation.
  • Representation of Enex (Shell) in various litigation and arbitration proceedings.
  • Representation of Enel Chile in various litigation and arbitration proceedings.
  • Represented Isapres Banmédica and Vida Tres in various litigation and arbitration proceedings.
  • Represented Thyssenkrupp in arbitration against Codelco.
  • Representation of FL Smidth in arbitration against Codelco.
  • Representation of BHP in various litigations and arbitrations.

Advice to

Mining, Construction, Securities market, Insurance, Unfair competition, Public Law and Health sector.

Education

  • Postgraduate Diploma in Corporate Restructuring and Bankruptcy Liquidation, Universidad de Chile, Law School, 2022.
  • Diploma in Financial Accounting, ESE Business School Universidad de Los Andes, 2021.
  • Post Degree in International Commercial Arbitration, Universidad de Chile, Law School and CAM Santiago, 2007.
  • Pontificia Universidad Católica de Chile, Law School, 1985

Academic Activities, Recognitions and Memberships

  • Professor of Procedural Law at the Universidad de Los Andes.
  • Leading lawyer in Litigation and Arbitration, recognized by Chambers & Partners Latin America and The Legal 500.
  • International Bar Association.
  • Arbitrator on the roster of the Arbitration Centre of the Santiago Chamber of Commerce (Chilean Chapter of the ICC).
  • Member of Adipro (Association of Private International Law).
  • Member of the Board of Directors of the Chilean Chapter of the CEIA (Spanish Ibero-American Arbitration Club).

Publications

  • “Validity of Evidence Obtained in Administrative Sanctioning Proceedings”. Evidence in Public Litigation. Public Law Studies Collection, Universidad de Los Andes, 2016.
  • “Reflections on the recognition of foreign arbitral and ordinary judgments in Chile. Exception of international res judicata and international litis pendencia. Brief analysis of some judgments of the Supreme Court” Private International Law Review – Year V Number 5.
  • “About the extension of the Arbitration Clause to Third Parties” Article in process of publication in the Law Review, Universidad Finis Terrae, 2023 edition.
  • “Chilean Chapter in Study of Arbitration in Ibero-America.” Spanish Arbitration Club (CEA). Document prepared jointly with lawyer Trinidad Torres Etcheberry.

Languages

  • Spanish
  • English