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Santiago de Chile
+56 2 29419000
Mónica van der Schraft is a partner in the litigation and arbitration practice in the Santiago de Chile office. JD Universidad de Chile; LL.M. Harvard University.
She specializes in advising clients in highly complex negotiation, mediation, litigation and arbitration processes, in the areas of mining, construction, insurance, antitrust and corporate law, among many others.
Mónica is regularly appointed as arbitrator in proceedings administered by CAM, ICC and CIAM and has been consistently recognized by various international directories such as Chambers and Partners, The Legal 500, Leaders League, Who is Who and Benchmark Litigation.
She is a member of the Chilean Bar Association and has been appointed Counselor of the institution for two terms (2019-2021, 2022-2025), is a member and Vice-President of the Chilean Chapter of the Spanish Arbitration Club (term 2023), and is a member of the ICC.
Mónica is a regular panelist at seminars and conferences on arbitration.
Experience
Mónica van der Schraft is a partner in the litigation and arbitration practice. She joined Garrigues in 2016, when the firm started its operation in Chile, and has led the practice area since then.
She was previously a partner at Cariola, Díez, Pérez Cotapos and, previously, at Estudio Etcheberry.
Throughout her career, she has been in charge, as counsel, of highly complex processes of the most diverse matters, forming and leading multidisciplinary groups composed of professionals, experts and technicians from various disciplines, to address complex cases.
Shee has also an extensive practice as arbitrator, both as a sole arbitrator and as a member of arbitration panels, administered by various local and international institutions, such as CAM Santiago, ICCand CIAM Ecuador.
Academic background
Mónica van der Schraft studied Law at Universidad de Chile and obtained her LL. M. from Harvard University Law School.
She also holds the following certifications:
- Chartered Institute of Arbitrators (Accelerated Path to Fellowship).
- Practical Use of FIDIC Contracts
- Dispute Resolution Board Foundation (Dispute Resolution Boards Training)
- American University Washington College of Law (Advanced Practical Seminar in International Investment Arbitration).
Teaching activity
Memberships
Colegio de Abogados de Chile A.G. (Chilean Bar Association).
International Bar Association.
Club Español de Arbitraje.
ICC (International Chamber of Commerce).
Dispute Resolution Board Foundation, Chile.
Distinctions
- Chambers & Partners (Most in Demand Arbitrators y Dispute Resolution Litigation).
- The Legal 500 (Hall of Fame Arbitrators y Dispute Resolution Litigation Leading Individual).
- Leaders League (Valuable Practice Arbitrator y Highly Recommended in Dispute Resolution in Arbitration, in Construction and in Claims and Insurance Litigation).
- Who’s Who Legal (Recommended in Arbitration and Construction).
- Latin Lawyer 50 inspiring women in the Latin American Legal Profession.
- Benchmark Litigation 25 Mejores Abogadas Litigantes de América Latina (25 Best Women Litigators in Latin America).
- Benchmark Litigation Chile Litigator of the Year (Nominated), 2021.
- Interview for the book "Hablando con ellas. Conversaciones con veinticuatro mujeres protagonistas del Arbitraje" (Taking to them. Conversations with 24 Women Arbitration Leading Players), 2021.
Publications
Attorney-Client Privilege in the Americas, Chapter about Chile, Cambridge University Press, 2017.
Las Representaciones y Garantías en los Contratos, su Reconocimiento en la Jurisprudencia y las Controversias a que Han Dado Lugar (Representations and Warranties in Contracts, their Recognition in Jurisprudence and the Arosen Controversies), en “30 Años de Desarrollo Institucional del Arbitraje y de la Mediación”, del CAM Santiago, 2022.