Macarena Iturra focus her practice mainly on representing and defending the interests of national and international clients in complex disputes before ordinary, special and arbitral courts and administrative-regulatory bodies, in commercial, investment, corporate, consumer protection, mining, general regulatory and administrative procedures. Likewise, her practices includes investigations in cases of corruption and compliance.
During the last few years, Macarena has represented the interests of several individuals and corporations in controversies of high public connotation, obtaining resolutions favorable to their interests and which have marked -in several cases- precedents of great relevance in matters of regulation, corporate responsibility, unfair competition, capital markets, among others.
- Counsel, 2017 to date
- Litigation Area Director, Albagli & Zaliasnik, Santiago, Chile, 2006-2017
- External Legal Divison Lawyer of Corpbanca, Corplegal, Santiago, Chile, 2004-2006
- Associate, Quinzio, Novoa & Cía, Santiago, Chile, 2002-2004.
Alternative Dispute Resolution and Arbitration:
Wide experience in dispute resolution mechanisms, especially in commercial and civil arbitration, such as commercial disputes, conflicts between partners, breach of contract, construction contracts, etc.
Experience in handling all types of litigation, civil, commercial and administrative. In her experience we can highlight:
- Antarctic Sea Fisheries S.A.: A Recurso de Protección was filed against the Port Captaincy of Punta Arenas, for the issuance of a Notification Act that notified the client the rooting of his ship, in contravention of the precautionary measure decreed by the court currently hearing the main dispute maintained by the client with Bank Itau, regarding a collection claim filed by the latter in which context this measure was issued. The action was intended to stop the said Act of Notification, for being arbitrary and illegal by imposing a more burdensome measure than the one ordered by the court. In this sense, the Captaincy was exceeding its powers and acting as a special commission, violating the constitutional guarantee of the natural judge. In the first instance, the Court of Appeals of Punta Arenas rejected the action, however, the Supreme Court overturned the decision and ordered that the Notification Act be annulled.
- Delagar SpA.: Filing of bankruptcy request against a well-known construction company, which has millions of dollars in contracts with state agencies but nevertheless refused to pay the client’s outstanding debt. Through this action we were able to obtain full payment of the debt, in the Initial Hearing. This action was extremely effective because these proceedings are published in the Bankruptcy Bulletin of the Superintendence of Insolvency (“Superintendencia de Insolvencia y Reemprendimiento“) and are freely available to the public. Additionally, in order to participate in any public bidding, as the defendant did, it is not possible to appear published in the mentioned Bulletin.
- Uber: Defense of Uber Chile SpA and Uber International Holding B.V. before the TDLC in a lawsuit filed by a union of taxi drivers against the clients and other ridesharing app firms.
- Uber: Representation of the client in both the administrative and judicial stages, in which we have defended the refusal to provide sensitive banking information requested by the IRS. In addition, the client was successfully represented in high profile cases regarding the work he carries out in Chile and its insertion in the current regulatory framework.
- Deoleo: Defense in a claim seeking damages from Canal 13 for making unfounded claims against the olive oil industry in Chile and, in particular, relating to the quality of Carbonell’s Olive Oil, on the TV show “Contacto”.
- Antarctic Sea Fisheries S.A.: Representation the client in a dispute initiated by SERNAPESCA, before the ordinary courts in relation to an alleged infringement of the national Fishing Law.
- Groupon: In mediation processes before the Sernac (Governmental Agency for the Protection of Consumers) and judicial class actions filed by the later before local courts for alleged breaches of Consumer Law regarding information in Groupon’s web page and fulfillments of its obligations.
- Participation in various trials of this nature.
- Chile (2004)
- Legal 500 (Dispute Resolution 2018 – 2019 – 2021)
- Best Lawyers (Arbitration and Mediation 2020)
- Latin Lawyer 250 (Litigation 2019 – 2020)
- Latin Lawyer National (Litigation 2020)
- Spanish and English
- Law, School of Law, Universidad de Chile, 2001
- Arbitrator of the National Arbitration Center (CNA)
- Chilean Bar Association
- TDLC rechaza demanda de taxistas contra Uber, Easy Taxi y Cabify por conductas abusivas (El Diario Financiero – March 17, 2021)