Pedro Zelaya

Pedro Zelaya

Title - Mr, Mrs, Dr, &c
Dr Pedro Zelaya
Gender
Identify as Male
Date of Birth
1962-07-30
Nationality
Chile
Email Address(es)
pzelaya@zeycia.cl
Telephone Number(s)
977070556
Places of Business - Country
Chile
Place of Business - City
Santiago de Chile
Country of Qualification
Chile
Year of first Bar Admission
1986
Primary Language(s)
Spanish, Castilian
Secondary Language(s)
English
Name of Firm, Company, Institution or Independent
ZELAYA ETCHEGARAY & Co.
Position / Role
Founding Partner
Professional Profile Webpage
www.zeycia.cl
First Additional URL
Industry Experience and other Specialisations
Distribution and Franchising, Joint Ventures and Consortia, Construction, Infrastructure, Retail, Energy, Insurance, Mergers & Acquisitions, Mining, Real Estate, Shipping and Maritime, Transport
Geographical Experience
Chile
Number of cases as Counsel
15
Number of cases as Arbitrator
12
Number of Domestic Arbitrations as Arbitrator
12
Number of cases as Tribunal Secretary
0
Number of cases as Mediator in Commercial or Investment Disputes
0
Number of cases as Adjudicator / part of a Dispute Board
0
Number of cases as Sole Arbitrator
12
Other information you wish to provide, including your regional and institutional expertise
Pedro Zelaya studied his career at the Faculty of Law of the University of Chile, receiving his law degree in 1986. In 1989 he won a scholarship to do his doctorate at the University of Navarra, with internships at the University of Oxford. In 1992, he obtained the degree or title Doctor in Civil Law from the University of Navarra, Spain, later publishing his doctoral thesis in 1995 in the prestigious Aranzadi publishing house under the title The civil liability of the Entrepreneur for damages caused by his dependent. In the academic field, it is also notable that, since 1993, he has been a Professor of Civil Law at the Faculty of Law of the University of Chile and also a professor, at said Faculty, of a Specialization Course called “Legal Responsibility and its Scope of Protection" During these years he has also been a Professor of several In-depth and Postgraduate Courses at other Chilean Universities and has given multiple conferences and seminars, especially in the field of Civil Liability, highlighting his publications regarding Medical and Hospital Civil Liability. for damages to the patient, ( ii ) that of highway concessionaires for damages to their users; ( iii ) that of the Entrepreneur due to his dependents and independent contractors; ( iv ) that of the Employer for work accidents; etc He has also been a professor at the “Judicial Academy” of Chile, an important public institution - dependent on the Ministry of Justice of Chile - that provides training courses to judges and officials of the judicial branch. Has been Visiting Scholar at Oxford Law Faculty (1991) and also at Fordham law School at Lincoln Center, in Manhattan, during the years 2012-2013. In the professional field, he was a partner - since 1994 and for almost 30 years - of an important “full service law firm ” in Santiago de Chile, called “Larrain y Asociados”. In this capacity, and throughout this time, he had to intensely practice the legal profession both in corporate matters and also in the area of litigation and arbitration. In matters of litigation and arbitration, and during his time as a partner at Larrain Asociados, he was responsible for acting mainly as “ counsel ” or party advisor, in complex litigation, both before the Courts or Public Tribunals and in institutional arbitrations, the vast majority relating to public and private infrastructure contracts, EPC and BOT contracts, export and import contracts of merchandise, stock and financial brokerage contracts, etc. Due to conflicts of interest, he only very exceptionally accepted to be an arbitrator in institutional arbitrations administered by CAM SANTIAGO, the National Arbitration Center and the AIDA CHILE Center. In 2024, Pedro Zelaya created his own boutique - with the name or brand of “ZELAYA ETCHEGARAY Dispute Solution”, to work and serve mainly as an independent arbitrator, both in the local and international markets. Experience as an arbitrator in the local market In Chile, Pedro Zelaya is a member of the lists (roster) of the three most important Arbitration Centers or Courts: the CAM SANTIAGO, the CNA and ARIAS LATAM. In addition, he is a member of the list of arbitrators of the Santiago Court of Appeals. A) Professional experience as a CAM Referee The plaintiff was a private construction company and the defendant was an Insurance Company that refused to compensate for losses or damages alleged by the former during the construction of a Shopping Center in Santiago (completed). The plaintiff is a construction company that sued its subcontractor for several contractual breaches; in turn, the subcontractor also filed a counterclaim against the plaintiff company (terminated). Pharmaceutical Company sued a construction company for breach of a lump sum construction contract whose purpose was the construction of a building for the operation of a pharmaceutical laboratory and offices, a work that presented various construction defects for which compensation was demanded (concluded) . The plaintiff is a real estate project consulting/developer company and the defendant is a real estate company. The first lawsuit breach of consulting contract and payment of outstanding fees (pending) The plaintiff is a shareholder of a Joint Stock Company and sues the Company and the other shareholders for nullity or ineffectiveness of a reform of the bylaws with an increase in capital, in which series of shares were created that, according to her, are null ( earring)B) Experience as a CNA Referee Arbitration procedure administered by the CNA in which I acted as a Unipersonal Court of Appeal in a case related to a joint venture created by both parties to build and operate a run-of-the-river hydroelectric project. The plaintiff was Company No. 1 , which - through a JV with Company No. 2 - transferred to the JV the use of its water rights on this river and Company No. 2 , designed, built, operated the plant, paying Company No. 1 a regulated monthly amount of money. The plaintiff alleged that Company 2 did not pay the monthly payment due; On the contrary, Company 2 argued that there was no right to receive this monthly amount because the clause regulating these payments was clear that, in such circumstances, there was no right to receive any payment. At the first level, the arbitration award rejects the claim. The appeal court confirms the final award of the first level arbitrator (finalized). International arbitration procedure administered by the CNA in which the plaintiff was a fruit producing company (agroindustrial company) and the defendant was a foreign company represented in Chile by a natural person (exporting company). The fruit producer alleged that the exporter had not paid the fixed and minimum guaranteed price; The exporter alleged that there was no fixed and minimum (finished) price. Arbitration process where a local fruit exporter sues the producer for non-delivery of the fruit agreed upon in the contract and for not paying the price anticipated for that operation. (current) Arbitration process in which a client, a natural person, sues a Stock Broker for breach of obligations of the special contract signed between both parties (current)C) Experience as ARIAS LATAM Arbitrator in Insurance and Reinsurance matters Arbitration procedure in which the plaintiff was a construction company of public roads (as a company insured under a Construction All Risk Policy) and the defendant was an Insurance Company that refused to pay compensation for the damages caused to the public roads due to heavy rains in northern Chile, claiming that this specific event was not covered by the insurance contract (terminated).D) Experience as Ad Hoc Referee appointed by the C of Santiago Designated as sole arbitrator by the 25th Civil Court of Santiago to hear a lawsuit filed by an Insurance Company - which paid damages to insured merchandise - against the shipowner and the shipping company, claiming from them what was paid by insurance concept. Experience as an international referee He has not yet acted as an arbitrator in international arbitrations but he is already a member of the lists (roster) of foreign or international arbitrators in the following Arbitration Centers or Courts : The International Arbitration Center of Madrid (CIAM). The Ibero-American Arbitration Center (CIAR). The AMCHAM Arbitration and Mediation Center in Costa Rica (CICA). The Arbitration Center of Mexico (CAM MÉXICO). The Arbitration Court of Barcelona ( TAB ). NYIAC / The New York International Arbitration Center ( NYIAC ). The Court of Arbitration of the Official Chamber of Commerce, Industry, Services and Navigation of Bilbao. Center for Conciliation and Arbitration (CCA) of the Chamber of Commerce and Industry of Tegucigalpa ( CCIT ). Memberships Pedro Zelaya is a member (i) of the Bar Association of Santiago de Chile; ( ii ) from the Network of Graduates of the Faculty of Law of the University of Chile; ( iii ) of the “ Arbitration Intelligence ”; ( iv ) of the “ MIAS ” or “MIAMI International Arbitration Society ”; (v) of the “Campaign For Green Arbitrators”; (vi) from “ Latin America International Arbitration ”; (vii) “The International Arbitration Forum” and ( viii ) of the International Insurance Law Association (AIDA), Chile section.
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Yes

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