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Carey

Oscar Aitken

Oscar Aitken

Partner

Expertise

  • Corporate Immigration
  • Infrastructure and Project Development
  • Construction and Engineering
  • Labor and Employment Law

WSG Practice Industries

Activity

Carey
Chile

WSG Leadership

Construction and Engineering
Co-Chair
Corporate Immigration
Co-Chair
Infrastructure and Project Development
Co-Chair
Labor and Employment Law
Co-Chair
Employment and Labor Group
Member
IBA Group
Member
WSG Coronavirus Task Force Group
Member
Profile

Partner of Carey and co-head of the Labor and Corporate Immigration Group and co-head of the Construction and Engineering Group. His practice includes litigation and arbitration, contracts, and general civil practice.

His labor and corporate immigration practice includes collective bargaining, union matters, unfair labor practices, compensation and benefits, discrimination and general violations of employee fundamental rights, employment termination, work related illnesses and accidents, labor related litigation of all types, as well as work permits and visas for foreign personnel.

In the construction and engineering practice, Mr. Aitken has vast experience in contracts for all phases of engineering work, as well as in all forms of construction and infrastructure related contracts including Design Built, EPC, EPCM and BOT. His practice ranges from experience with early stages of project development to bidding (including public concessions and PPP project), negotiation and preparation of contract documents, claims management and dispute resolution.

Mr. Aitken also has experience in real estate and has been involved in a variety of projects from development of natural conservation parks to housing projects, office and apartment buildings, hotels, industrial developments, etc.

Bar Admissions

Chile (1989).

Education

  • Law, Universidad de Chile (Summa Cum Laude).
  • LL.M., University of Michigan (1991).
Areas of Practice

Construction and Engineering | Corporate Immigration | Infrastructure and Project Development | Labor and Employment Law

Professional Career

Significant Accomplishments

  • Named Lawyer of the Year in Immigration, Best Lawyers (2020).
  • Recognized in Labor and Employment and in Projects, Chambers Latin America.
  • Recognized in Labor and Employment, The Legal 500.
  • Recognized in Project Finance & Infrastructure and in Labor, Latin Lawyer 250.
  • Recognized in Project Development, IFLR1000.
  • Recognized in Labor and Employment, LACCA.
  • Recognized in Immigration Law, Labor and Employment, Project Finance and Development, Best Lawyers.
  • Recognized in Construction, Expert Guides.
  • Recognized in Labor and Employment and Projects, Top Ranked Legal.
  • Named Lawyer of the Year in Labor & Employment, Best Lawyers (2015).
  • Winner in the Real Estate Category, Leading Lawyers, Idealis (2014).


Professional Activities and Experience

  • Professor of the Degree in Construction Law, Universidad de los Andes (since 2019).
  • Professor of the Degree in Corporate Governance and Compliance, Law School, Universidad del Desarrollo (2018-2019).
  • Professor of Specialization in Construction Law, Law School, Universidad de los Andes (2015-2018).
  • Vice co-chair and co-chair of the Dispute Resolution Sub-Committee and International Construction Projects Practice Group, International Bar Association (2010-2014).
  • Arbitrator of the Arbitration and Mediation Center, Santiago Chamber of Commerce.
  • Founding fellow and past board member, International Academy of Construction Lawyers (IACL).
  • Founding fellow and president, Chilean Society of Construction Law.
  • Member of the Chilean Bar Association.
  • Member and past board member, Centro de Estudios de Derecho del Trabajo (CEDET).
  • Member of the American Immigration Lawyers Association (AILA).
  • Assistant professor of Labor Law, Universidad de Chile (1990-1999).

Articles

Benefits of the Employment Protection Law and the Law that makes the Requirements for Access to Unemployment Insurance more Flexible are Extended
Carey, January 2021

On December 4 th , 2020, Supreme Decree No. 2,097 of the Ministry of Finance (hereinafter, the “ Decree ”) was published in the Official Gazette, which extends the enforcement of the benefits established in titles I and II of law No.21,227 (“ Employment Protection Act ”) and in law No...

New Sanitary Measures taken by Chilean Government for Travelers that Enter from Abroad
Carey, December 2020

Given the detection of the first case in Chile of the new Covid-19 variant, on December 30 th , 2020 the Exempt Resolution No...

Law No. 21,283 Readjusts the Amount of Minimum Monthly Income
Carey, November 2020

On November 7 th , 2020, Law No. 21.283 was published in the Official Gazette, Which readjusts the amount of the minimum monthly income, the maternal family and assignment and the family allowance. This Law will be retroactively in force since September 1 st , 2020...

Additional Articles

  • Author of the Chilean chapter in Covid-19 Latin America Guide for Employers, Employment Law Alliance (ELA) (2020).
  • Co-author of the Chilean chapter of Construction and Projects Q&As Global Guide, Thomson Reuters (2018-2020).
  • Co-author of Chilean chapter, Outsourcing Book, Getting the Deal Through (2013-2015).

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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