The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon
AV. SANTA MARÍA 110, MIRAFLORES, LIMA 18, PERU
Tel:
Work +51 1 513 9430
Fax:
Fax +51 1 513 9435
Email:
Web:
cms.law

Peru

Banking and finance
Banking and finance - ranked: tier 3

CMS Grau

Despite being best-known for infrastructure financings in the mining sector, CMS Grau’s ‘young and dynamic’ team has capability across the spectrum of financial transactions. Strength in the capital markets is demonstrated by its work for retailer Falabella Perú on its $200m second bond programme, a matter led by head of practice and office managing partner, Juan Carlos Escudero; he also led advice to Fenix Power Perú on its $340m bond offering. The expanding practice, which ranks Interbank, Creditcorp and Westpac as clients, was boosted by the arrivals of Sergio Oquendo, formerly head of banking and finance at Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados until 2015; and regulatory expert Diego Peschiera, who arrived from Rodrigo, Elías & Medrano – Abogados.

Next generation lawyers

Miguel Viale - CMS Grau

[back to top]

Bankruptcy and restructuring
Bankruptcy and restructuring - ranked: tier 2

CMS Grau

Michelle Barclay at CMS Grau brings invaluable Chapter 11 experience to the firm and the Peruvian market, having spent time with the bankruptcy team at Skadden, Arps, Slate, Meagher & Flom LLP in New York. She is leading Peruvian advice to William Brandt (Development Specialists) as Chapter 11 Trustee of China Fishery Group (the world’s largest fishery by volume), which has debts of approximately $1bn. The firm provides ‘very good service and expertise’ and continues to counsel Odfjell Terminals Depositos Quimicos Mineros as a creditor in the long-running Doe Run Peru bankruptcy process. Among four hires at associate level this year (and indicative of the busy practice), is Victor Farro, former head of legal at Doe Run and a noteworthy addition to the team.

Leading lawyers

Michelle Barclay - CMS Grau

Next generation lawyers

Victor Farro - CMS Grau

[back to top]

Competition and antitrust
Competition and antitrust - ranked: tier 3

CMS Grau

CMS Grau offers a sector-focused approach and represents some key clients in a variety of matters, including Unilever Andina Perú and Panama’a flag carrier, Copa Airlines. The team has notable expertise in advertising and consumer issues and is advising KLM on a consumer matter relating to ticketing. María Delia Oxley leads a trio of associates, of which Sandra Chicoma stands out for her experience.

[back to top]

Corporate and M&A
Corporate and M&A - ranked: tier 3

CMS Grau

Managing partner Juan Carlos Escudero heads the practice at CMS Grau, which is capitalising on its international network, both in terms of client referral and sharing know-how across different jurisdictions. The team was boosted by the arrival of finance and corporate partner Sergio Oquendo, formerly of Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados. The cross-department practice utilises the talents of corporate restructuring specialist Michelle Barclay, mining and environment head Cecilia Gonzáles and energy partner Carlos Hamann, to bring sector expertise to mandates. The team acted for South African/Chilean corporate group Sun Dreams on its $26m acquisition of Thunderbirds’ Peruvian casino companies and real estate, a matter led by Escudero assisted by associate Carlos Calderón. In another highlight, Escudero is again leading advice, this time assisted by associate Miguel Viale, to the shareholders of Peruvian pharmaceutical and veterinary products manufacture Pharmadix, in the sale of their shares and interests. Other clients include Rio Tinto, Glencore, Enagás and Grupo Falabella.

[back to top]

Dispute resolution
Dispute resolution - ranked: tier 4

CMS Grau

CMS Grau has a broad offering, structuring its practice across four disciplines: judicial processes, led by associate Andrea Bazán; arbitration, where overall practice head Vanessa Cisneros, who ‘offers solutions tailored to clients’ needs’, and the ‘very competent’ Ramón Huapaya take the lead; public law, also led by Huapaya; and the newly-established compliance practice, with senior associate Carolina Cueva at the helm. Overall, the team ‘quickly understands the problem and proposes clever and effective solutions’. An impressive client base includes SOLGAS Perú, Petroperu, Banco de Crédito del Perú and Enagás.

[back to top]

Environment
Environment - ranked: tier 2

CMS Grau

CMS Grau complements its high-quality energy and mining practices with expertise in environmental issues. It now fields two partners in the team, following the promotion of Paola Carbajal to partner, supporting head of practice Vito Verna. Clients appreciate the ‘knowledge of the industry and the strength of the team’, as well as its ‘innovative digital services’ – namely the firm’s ‘GEORGE’ client software for regulatory updates. Key instructions include providing a health-and-safety and environment audit for Compañía de Minas Buenaventura in respect of its eight mines and acting for Kimberly Clark on all environmental aspects of its two production plants in Peru.

Next generation lawyers

Paola Carbajal - CMS Grau

[back to top]

Labour and employment
Labour and employment - ranked: tier 4

CMS Grau

At CMS Grau, the firm’s expanding international client base benefits from the labour, occupational health-and-safety and immigration expertise of Claudia Flecha, who leads a small team of associates. Flecha led advice to Hewlett-Packard on the Peruvian personnel transfer procedures following its acquisition of Samsung’s printer business, and counsel José Burgos acted for Saga Falabella in collective bargaining concerning $3.5m in union demands. Clients also include Shell Peru, Rio Tinto and Baker Hughes International Peru.

[back to top]

Projects and infrastructure
Projects and infrastructure - ranked: tier 3

CMS Grau

The recently made-up Giancarlo Villafranqui is building a successful practice at CMS Grau, which benefits from a strong domestic reputation, particularly in the mining and energy sectors, and the know-how of the firm’s global infrastructure practice group. The team won a pitch to advise The World Bank, alongside Deloitte Asesores y Consultores and Llama Urban Designs, to provide an evaluation of the development potential of Lima Metro Line 2. Other key members of the team are Michelle Barclay and senior associate Ursula Cedrón.

[back to top]

Public law and regulation
Public law and regulation - ranked: tier 3

CMS Grau

The ‘excellentCMS Grau advises a raft of high-profile companies in proceedings before various regulatory bodies. It is defending Solgas in administrative sanction proceedings before OSINERGMIN and OEFA; acting for Entel before OSIPTEL and the Ministry of Transport; and representing both Repsol and Latam Airlines before INDECOPI. Highly regarded by peers, Ramón Huapaya heads a team of three associates and is a ‘point of reference in matters of administrative and regulatory law’.

[back to top]

Real estate
Real estate - ranked: tier 1

CMS Grau

CMS Grau advises on all aspects of urban and rural land matters, from development, construction and acquisitions through to administrative procedures and dispute resolution. Instructions range from shopping mall development, to land rights disputes in the energy and mining sector, for example. The firm acted for supermarket chain Hipermercados Tottus on a series of key acquisitions across the country, totalling $13.5m, and represented Sun Dreams on the $26m acquisition of Fiesta de Miraflores Casino (and three other properties) from Thunderbird Resorts. Land rights matters included advice to Tahoe Resources Perú on the rights regarding La Arena and Shahuindo gold mine projects, involving 600 properties. Following a competitive pitch, the firm was selected to advise government road agency Provías Nacional on land acquisition and remediation for four road infrastructure projects. The 20-strong, specialist department is led by Raúl Ravina and Carolina Gajate. Franco Soria was promoted to partner.

Leading lawyers

Raúl Ravina - CMS Grau

[back to top]

Tax
Tax - ranked: tier 3

CMS Grau

CMS Grau has valuable tax capability to enhance its strong energy, mining and real estate practices. Members of the team, led by the respected Rolando Cevasco, have been recruited from international tax consultancies, leading domestic law firms and companies, and the tax authorities. They include latest hire, Carlos Chirinos from Grant Thornton, where he led the transfer pricing and tax consultancy divisions. Recent transaction-related advice included acting for Enagás Internacional on its acquisition of 5% of the share capital of Transportadora de Gas del Peru (TGP) from SK Corporation, thereby increasing its holding to 25%. A name to note is César Castro, who is a very experienced tax practitioner.

[back to top]

Peru: Energy and natural resources

Electricity
Energy and natural resources: electricity - ranked: tier 3

CMS Grau

CMS Grau’s ‘group of experts complement each other very well’ across the different energy sectors. It is representing Italian electricity and gas multinational ENEL on the construction of the 20MW Ayununga hydroelectric project and continues to advise Latin American development bank CAF on the $80m financing of the 84MW La Virgen hydroelectric power plant. ‘Great negotiator’ Carlos Hamann and Augusto Astorga, who has ‘much experience’ in the sector, lead the practice.

[back to top]

Mining
Energy and natural resources: mining - ranked: tier 2

CMS Grau

CMS Grau is ‘one of the leading firms in Peru for sure’ and provides ‘very good service and expertise’ in this sector. The fully standalone team handles all requirements of both public and private sector mining clients, from M&A and financing to project planning and administrative law. Head of practice Cecilia Gonzáles leads five other partners and is ‘professional’, ‘extremely responsive and provides solid advice’. She led representation to Osisko Gold Royalties on its CAD$1.125bn acquisition of the high-quality precious metals portfolio of rights and assets from Orion Mine Finance, which includes royalties over Peruvian projects such as the Antamina, Ollachea and Tintaya. Other highlights included representing the Ontario Teachers’ Pension Plan on its joint venture with Glencore to create a base-metals royalty company, the world’s first major base metals-focused royalty enterprise. The CMS advice was led by Gonzales and Marité Aragaki. Partners of note also include Raúl Ferreyra and Liliana Pautrat.

Leading lawyers

Cecilia Gonzáles - CMS Grau

Next generation lawyers

Liliana Pautrat - CMS Grau

[back to top]

Oil and gas
Energy and natural resources: oil and gas - ranked: tier 2

CMS Grau

CMS Grau has ‘extensive experience in the energy, hydrocarbons and gas sector’ and its ‘group of experts complement each other very well’. Oil and gas is a sector strength across the CMS international network, and in Peru it does not disappoint: co-head Carlos Hamann is ‘dynamic and proactive’; fellow co-head Augusto Astorga has ‘much experience in energy projects’ and Ramón Huapaya is ‘very competent in regulatory affairs’. The team is acting for Tullow Oil on the negotiation of five offshore licence contracts with Perupetro, the Peruvian government hydrocarbon agency, for the exploration and exploitation of hydrocarbons, potential value $250m. An extensive client list includes Enagás Internacional, Petroperu, Graña y Montero Petrolera and Shell Oil Company. Many of the team have worked in-house in this sector, which provides a broader perspective on matters, notes a client.

Next generation lawyers

Jesús Abanto - CMS Grau

[back to top]


Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Consolidated Group (Income Tax) Rules, 2019

    On 31 May 2019, Malta published the “Consolidated Group (Income Tax) Rules". The rules will come into force as from year of assessment 2020 and the rules introduce the concept of fiscal units into Maltese tax law .
  • Renewable energy in Ukraine: green auctions launched

    In the first half of 2019 alone, renewable energy facilities with a capacity of more than 1.5 GW were connected to the Ukrainian grid, with about 96% of those being solar and wind energy facilities. In the whole of 2018, which has been a record-breaking year so far, numbers were almost half as high. The Ukrainian market also remains very attractive to foreign investors, not least because of the lucrative feed-in tariff rates, which are paid out regularly. Now, after the adoption of the so-called law on green auctions, significant changes can be expected.
  • Economic Substance Requirements - Fund Managers

    The International Tax Co-operation (Economic Substance) Law, 2018 (the “ES Law”) came into effect in the Cayman Islands on 1 January 2019, requiring in-scope entities that carry on particular activities to have demonstrable economic substance in the Cayman Islands.
  • Shipping at the spotlight of terrorism

    Is terrorism the new norm for shipping?
  • Adidas three stripe Trademark Revocation

    In a judgment of the General Court of the European Union of the 19th June 2019, Adidas saw their hopes of extending their three stripes trademark dashed, as the court ruled that there was no distinctiveness in the three stripes trademark. Furthermore, the court held that the Adidas had failed to prove that the mark had acquired distinctive character through use throughout the member states of the EU.
  • David against Goliath – Libra vs Central Banks: Who will win?

    Working in the crypto and DLT space is like being on an emotional rollercoaster with feelings which range from curiosity, excitement, euphoria, revelation, shock, disappointment, hope, wonder and determination – did I miss any?
  • UK Telecoms company fined £100K over unsolicited marketing messages

    The Information Commissioner’s Office (‘ICO’) which is the UK’s data protection supervisory authority, recently issued a fine of £100,000 to EE Limited, a telecoms company operating in the UK. The fine was issued in response to EE Limited having sent two and a half million unsolicited direct marketing messages to its customers, back in early 2018. The direct marketing messages were sent without EE Limited having first obtained the required consent to send them to its clients.
  • British Airways and Marriott International Inc. face huge fines from UK data protection authority

    British Airways (‘BA’) may be hit with what will be the highest-ever penalty which the Information Commissioner’s Office (‘ICO’), the UK’s data protection supervisory authority, has handed out.
  • UAE Tax domicile certificate

    Issued by the Ministry of Finance in the United Arab Emirates (‘UAE’), the Tax Domicile Certificate (also referred to as the Tax Residency Certificate) enables eligible government entities, companies and individuals to take advantage of double taxation avoidance agreements on income signed by the UAE.
  • The Cayman Islands Data Protection Law, 2017

    The following information relates to the enactment of The Cayman Islands Data Protection Law, 2017 (" DPL "), which was expected to come into force on 29 January 2019, will now come into force in September 2019. The DPL will regulate the future processing of all personal data in the Cayman Islands.