Suprema - Rol N° 31449-2016

The Supreme Court rejected Nx's opposition to Soquimich's mining claims, finding that pending nullity actions against Nx's prior claims rendered her res judicata defense unopposable under Article 86 of the Mining Code.

• The core dispute involved an opposition filed by Sociedad Legal Minera Nx Uno de Peine ("Nx") against the constitution of mining claims ("pertenencias mineras") named "Llano" by Sociedad Química y Minera de Chile S.A. ("Soquimich"), due to alleged overlap with Nx's previously established claims named "Oriente."
• Nx's opposition was premised on the prior establishment and legal protection of her "Oriente" claims, invoking article 84 of the Mining Code.
• Soquimich defended against the opposition by asserting, among other defenses, the 'inoponibilidad' (unopposability) of the res judicata effect of Nx's constitutive sentence for "Oriente" claims.
• This 'inoponibilidad' defense was grounded in Soquimich having initiated prior legal proceedings, specifically actions for caducity and nullit...