Arbitration / Work History

Experience

Elina Mereminskaya has a varied and well rounded experience in dispute resolution, as an arbitrator, as an attorney representing the parties, as a court clerk and as a dispute prevention consultant.

Arbitration

Elina Mereminskaya has a unique versatile academic background and practical experience that allow her to provide sophisticated high-quality services as an arbitrator.

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  • Co-arbitrator in a concession dispute regarding the construction and improvement of roads, International Centre for Dispute Resolution (ICDR)
  • Emergency Arbitrator, International Centre for Dispute Resolution (ICDR)
  • Co-arbitrator in a dispute regarding a construction project in the mining sector, Centro de Arbitraje de la Cámara de Comercio de Lima (CCL)
  • Co-arbitrator in a dispute regarding airport concession, Centro de Arbitraje de la Cámara de Comercio de Lima (CCL)
  • Chair of the arbitral tribunal in a dispute regarding installment of industrial equipment in a mining project, Centro de Arbitraje de la Cámara de Comercio de Lima (CCL)
  • Chair of the arbitral tribunal in a dispute regarding payment for electricity supply and the availability of the supply, Centro de Arbitraje de la Cámara de Comercio de Lima (CCL)
  • Chair of the arbitral tribunal in a dispute regarding banking finance, Centro de Arbitraje de la Cámara de Comercio de Lima (CCL)
  • Co-arbitrator in a road construction dispute, Centro de Arbitraje de la Cámara de Comercio de Lima (CCL)
  • Chair of the tribunal in a case regarding leasing of indigenous lands through mining companies & construction, Centro de Arbitraje de la Cámara de Comercio de Lima (CCL)
  • Sole arbitrator in a dispute regarding a shareholders’ agreement, CAM Santiago
  • Sole arbitrator in a dispute regarding export of minerals, CAM Santiago
  • Sole arbitrator in a dispute regarding a construction of a hotel, CAM Santiago
  • Sole arbitrator in a dispute regarding health insurance contract, CAM Santiago
  • Sole arbitrator in a dispute regarding a construction project of a commercial center, CAM Santiago
  • Sole arbitrator in a dispute regarding company dissolution and administrator’s liability, CAM Santiago
  • Sole arbitrator in a dispute between a subcontractor and the main contractor in a geothermal project, CAM Santiago
  • Sole arbitrator in a dispute about acquisition of a private property, CAM Santiago
  • Sole arbitrator in a dispute regarding a construction of a commercial property, CAM Santiago
  • Secretary of the tribunal: Construction dispute in a mining project, CAM Santiago
  • Secretary of the tribunal: Dispute regarding company dissolution, CAM Santiago
  • Co-arbitrator in a road construction dispute between a Peruvian company and the local public authority, Centro de Análisis y Resolución de Conflictos, Pontificia Universidad Católica del Perú (PUCP)
  • Co-arbitrator in a road construction dispute between a consortium and public authority, Centro de Análisis y Resolución de Conflictos, Pontificia Universidad Católica del Perú (PUCP)
  • Sole arbitrator in 10 travel related disputes with the seat in London, UK, under the ABTA Travel rules
  • Sole arbitrator in an ad hoc arbitration regarding loan agreement with the seat in London, UK
  • Secretary of the tribunal in a joint venture and construction dispute on a project located in Africa, International Court of Arbitration (ICC)
  • Representing an Indian client in an ICC arbitration against a Spanish EPC contractor in a dispute related to a photovoltaic plant in the north of Chile
  • Representing a national company emissions control system installer in a CAM Santiago arbitration
  • Legal opinion report on the application of a back-to-back clause in a FIDIC-related arbitration held before the arbitration center of Tegucigalpa, Honduras
  • Representing a Chilean subsidiary of a French company in a CAM Santiago arbitration against a Chinese contractor regarding the subcontract for installment of equipment in a high complexity public hospital
  • Legal opinion report for an Italian installer of photovoltaic equipment regarding interpretation of the temperature requirements
  • Participation in an expert report for a CCL arbitration brought against the Peruvian oil state company
  • Representing a multinational owner of windfarms in a CAM Santiago arbitration against a Portuguese EPC contractor
  • Representing a Peruvian subcontractor in an arbitration against a U.S.A. company, one of the world’s leading lithium producers
  • Participation in a pro bono expert report regarding the construction of a Women’s Health Pavilion in Burundi (Africa), in a London-seated ad hoc arbitration
  • Participation in the expert report for an Uruguayan road construction company in an ICC arbitration regarding a project located in Paraguay
  • Representing a Spanish subcontractor in various CAM Santiago arbitrations regarding the construction of transmission lines and substations
  • Legal expert opinion on anti-arbitration injunction in international arbitration in relation to an ICC arbitration
  • Preparation of a claim for a Spanish concessionaire against a Ministry of Public Works regarding additional works in a public hospital
  • Representing a local provider of centralized control and optical fiber in a high complexity public hospital
  • Representing a local advertising agency in an ad hoc with a Dutch advising group regarding royalty payment and contract resolution
  • Representing an Indian company in the arbitration of CAM Santiago related to the wind project located in the south of Chile
  • Representing a U.S.A. mining company in a CAM Santiago arbitration on the acquisition of mining concessions in northern Chile
  • Representing a U.S.A. company in the CAM Santiago arbitration related to a renewable energy project in southern Chile
  • Representing a Brazilian construction company in an ICC international arbitration against a Chinese general contractor
  • On behalf of a European intergovernmental astronomy organization in defense of the international arbitration award challenged by the Chilean construction company
  • On behalf of an US company in defense of the international arbitration award challenged by a Colombian franchisee
  • On behalf of a German distribution company in defense of the international arbitration award challenged by the German buyer

Construction & Infrastructure

Elina provided advice on strategic contract administration, claim management and the prevention and resolution of disputes. She used to act as an advisor to owners and contractors on matters such as extension of time (EOT), cost overrun, recognition of additional costs, compliance with condition precedents or bar clauses, admissibility and jurisdiction under dispute resolution provisions. When counseling her clients, she closely cooperated with the on-site management, which gives her an insider knowledge of the construction industry.
  • Advising a state-owned oil company during contract performance with a national construction company regarding installment of a wet-emissions control system
  • Risk assessment analysis for Spanish construction companies on numerous residential buildings and commercial centers to be built in Spain
  • Advising a Peruvian owned construction company during contract administration and claims against a Canadian led consortium in a mining project a 4.400 masl
  • Risk assessment analysis for an Austrian provider of medical equipment for a Chinese concessionaire of a public hospital
  • Advising a Chilean subsidiary of a French company in a dispute with Chinese contractor regarding the subcontract for installment of equipment in a high complexity public hospital
  • Preparation of a Covid-19 Force Majeure related claim for a Spanish subcontractor that, once elevated, was accepted by the Chilean National Electric Coordinator (CEN)
  • Advising a Chinese construction company and its related concession company on concession project of a water dam in their claims against the Ministry of Public Works
  • Advising a Spanish construction company in the preparation of FIDIC-based claims against Costa Rican authorities in a road construction project
  • Advising a Chilean construction company during work performance and claim submission against a UK listed multinational company in the mining project in the north of Chile
  • Advising a Spanish contractor in dispute management, including mediation, on multiple projects for the construction of transmission lines and substations
  • Advising a Chilean company provider of waterproofing (geomembrane) installation services in thickeners and mining pools in numerous mining projects
  • Advising the biggest Chilean cellulose producer in structuring the contractual scheme (engineering, supply, construction, EPC, risk management) with various subcontractor for the construction of a new production line
  • Redesign and redrafting of Codelco’s (public cupper company) tender information and contractual standard forms
  • Advising an Irish client in the execution of the EPC contract with a Portuguese contractor in charge of building wind energy generation and transmission lines
  • Advising a client, a state-owned oil company, in the execution of the EPC contract with a Spanish contractor to build a steam generation plant
  • Strategic contract & claim management for a Spanish contractor, in its relationship with its Italian consortium partner and their Japanese Employer for the construction of a desalinization plant for a mining project
  • Advising a Chilean state-owned oil company, in the implementation of the tank maintenance contract entered into with a Peruvian contractor regarding charging the fines
  • Defending a Chinese client, in a contract for the construction of a mall in Santiago, against the claims of a Spanish contractor
  • Strategic contract & claim management for an Italian contractor in an EPC contract for the construction of a public hospital in central Chile
  • Strategic contract & claim management for Spanish contractor in an EPC contract for the construction of a public hospital
  • Advising a Spanish contractor, in a subcontract for the construction of tunnels and blasting in a public dam project in the north of Chile
  • Development of a dispute exit strategy for a Czech developer of photovoltaic projects and its Canadian partner
  • Advising a national construction company, in the celebration and execution of various real estate projects, including commercial centers and residential budlings
  • Advising a Peruvian construction company, in the presentation of its claim to the Chilean client in Peru regarding a building of a commercial center

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Work History

  • Head Partner at Wagemann Arbitration (Santiago, Chile), 2023-2024.
  • Partner at Wagemann Lawyers & Engineers (Santiago, Chile), 2017-2023.
  • Senior Associate in the International Arbitration/Litigation Group, Bofill Mir & Alvarez Jana Abogados, 2013- 2017 (Santiago, Chile).
  • Co-Managing Editor of the ITA Arbitration Report, Institute for Transnational Arbitration, Center for American and International Law, (Dallas, U.S.A.), 2012-2019.
  • Special Counsel for International Arbitration at the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago), 2007-2013.
  • Lecturer at Universidad de Chile’s Law Faculty, 2004 to the present.

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