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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 4

CMS Grau

A ‘top legal advisor for finance matters’, CMS Grau is hailed as ‘very professional, responsive and fully dedicated to its clients’ needs’. Team head Juan Carlos Escudero is an ‘exceptionally intelligent lawyer’, who is ‘able to understand the issues his clients want to resolve, and build the appropriate team to tackle the issue’. Falabella Perú is a major client, and the firm recently represented it on the financing of Falabella Group’s holding through a $60m public offering of corporate bonds – Escudero led that advice. In a headline lender-side mandate, the team assisted Fondo de Inversión Inmobiliario Credicorp (the first real estate fund in Peru) with a $22m direct financing granted to construction company Northing to develop a business centre project. The mining sector is a particularly lucrative source of project finance instructions for the firm, thanks in no small part to Marité Aragaki’s expertise in the field; clients include Silver Wheaton Corp, Compañia Minera Antamina and Rio Tinto Mining Exploration. Sources particularly praise the team’s ‘understanding of how lenders can achieve secure positions on mining assets and properties’. The group is well staffed, with another key partner, Michelle Barclay, who assists with investment projects, and a team of seven associates, including the ‘very impressive’ Miguel Viale, Carlos Calderón and Enrique Silgado.

Next generation lawyers

Miguel Viale - CMS Grau

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Bankruptcy and restructuring
Bankruptcy and restructuring - ranked: tier 3

CMS Grau

CMS Grau has a diverse practice with expertise in bankruptcy, insolvency and liquidation matters. Michelle Barclay heads the team, and is routinely involved in debtor and creditor work for both private companies and public entities work. Recent highlights for Barclay include representing Depositos Quimicos Mineros in Doe Run Perú’s bankruptcy process – senior associate Francisco Barrón and associate Daniela Camacho assist her on the case. The team also has expertise in distressed M&A, debt refinancing and reorganisation proceedings.

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Competition and antitrust
Competition and antitrust - ranked: tier 3

CMS Grau

CMS Grau houses a robust competition practice, with María Delia Oxley highly regarded for unfair competition work. Oxley successfully defended Unilever Andina Peru on claims brought by Quala Peru over alleged unfair competition practices in a television advertising campaign. She also advised Banco Falabella Peru on an investigation prompted by INDECOPI’s Supervision and Inspection Department concerning consumer protection issues. Sandra Chicoma is also recommended.

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

CMS Grau

CMS Grau continues to capitalise on the strength of its energy and natural resources teams to advise on deals in those sectors, and also packs a punch in retail and manufacturing transactions. Key mandates in 2016 included advising Milpo and Votorantim Metai Cajamarquilla, as buyers, on their $50m acquisition of a 75% interest in the Shalipayco Project from Panamerican Silver; Cecilia Gonzáles led the team. Raúl Ferreyra also handles mining deals, and recently advised Milpo on its $53m acquisition of a stake in Brazil’s Aripuana Mining Project. Group chair Juan Carlos Escudero is praised for his ‘common sense, business understanding and negotiating skills’, and advised venture capital firm Elevar Equity on the $11m sale of its stake in Caja Rural de Ahorro y Crédito Los Andes to Creation Investments Capital Management. He is also acting as Peruvian counsel to Hewlett-Packard in relation to the implementation in Peru of its global acquisition of Samsung Electronics’ printer business. Non-transactional highlights included advising both Open Plaza and Hipermercados Tottus on the corporate reorganisation of their assets; Carolina Gajate, who specialises in transactions in the real estate sector, led the advice. Senior associates Miguel Viale, Enrique Silgado and Carlos Calderón all have experience advising on local and cross-border transactions, reorganisations and corporate conflicts.

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Dispute resolution
Dispute resolution - ranked: tier 4

CMS Grau

CMS Grau is highly rated by clients for its ‘great expertise, constant availability and quick response times’. The team routinely acts in tax, labour, mining, oil-and-gas and retail disputes, and it was recently instructed by Lima Airport Partners in a constitutional claim against Peru’s Ministry of Transport. It also successfully represented Minera Las Bambas in criminal and civil proceedings over alleged violations against rural communities and the amendment of the project’s Environmental Impact Assessment. Vanessa Cisneros heads the team; among its associates, ‘very capable’ ‘strategist’ Raffo Velásquez and Jorge López are recommended.

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Environment
Environment - ranked: tier 2

CMS Grau

Vito Verna’s practice at CMS Grau leverages off its signature strength in natural resources to field a strong practice in environmental and regulatory matters. The group’s strength lies primarily in safety, health, and environmental assistance to energy and mining companies, but it is also active in the aerospace, chemical, industrial, sanitation, and fishing industries. Clients include Compañía Minera Antamina, Lindley Corporation, BASF The Chemical Company and Hudbay Minerals. Senior associate Paola Carbajal is also recommended.

Next generation lawyers

Paola Carbajal - CMS Grau

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Labour and employment
Labour and employment - ranked: tier 4

CMS Grau

CMS Grau’s practice is recommended for strategic advice on labour matters, including designing and implementing labour structures, disputes with unions, and support in banking and corporate transactions. Claudia Flecha assisted Sodimac Peru with the reorganisation of the labour structures of acquired company Maestro Peru; and advised Grupo Interbank on labour due diligence in the context of a $50m loan transaction with Colegios Peruanos. Flecha and José Burgos co-head the team. Other representative clients include Rio Tinto Group, Shell Oil Company and Aldesa Construcciones.

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Projects and infrastructure
Projects and infrastructure - ranked: tier 3

CMS Grau

CMS Grau boosted its practice with the hire of former Rodrigo, Elías & Medrano, Abogados senior associate, Ramón Huapaya, as counsel. He is noted for his public law expertise, as is Giancarlo Villafranqui, who heads the team in conjunction with corporate law expert Michelle Barclay. Barclay and Villafranqui are singled out for their ‘great knowledge of their subject matter, timely delivery and client-oriented service’, and have broad sector capability, with particular expertise in public road, port, health and educational infrastructure. Highlights include advising PROINVERSION on the development of the $215m Salaverry Port Terminal project. Associates Úrsula Cedrón, Daniela Camacho and Néstor Shimabukuro are key members of the team.

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

CMS Grau

CMS Grau demonstrated its commitment to its public law offering through the hire of administrative law specialist Ramón Huapaya as of-counsel; he now co-heads the practice with Vanessa Cisneros. The team regularly advises both private and public entities on regulatory matters related to public services, concessions and infrastructure, contracts with the State, and sectorial concessions, as well as related disputes. Recent highlights include advising Mall Peru on its bureaucratic barrier claim against the Municipality of Chiclayo regarding the latter’s decision to order the demolition of structures built by Open Plaza. Other clients include Río Seco, Petróleos del Perú and the Ministerio de Transportes y Comunicaciones.

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Real estate
Real estate - ranked: tier 1

CMS Grau

At CMS Grau, Raúl Ravina and Carolina Gajate co-lead a solid team with excellent experience in project development, property acquisitions, contracts and due diligence processes, as well as first-class expertise in land use matters in the construction, mining and energy sectors. Recent mandates include advising Glencore on its acquisition of land for operations in North Tajo; Enel Green Power Perú on the diagnosis, sanitation and acquisition of surface rights for the development of its electricity supply project; and Municipalidad Metropolitana de Lima and Rutas de Lima on the expropriation procedure for the New Highways project. Other clients include Minera Las Bambas, Corporación Materiales Piura, and Hipermercados Tottus. Associate Franco Soria is another name to note.

Next generation lawyers

Franco Soria - CMS Grau

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Tax
Tax - ranked: tier 3

CMS Grau

CMS Grau’s tax team is of course well known for energy and natural resources related matters, but as is befitting of a full service firm with a global network, it has a diverse practice with strength across the full spectrum of transactional, planning and contentious matters. César Castro continues to co-lead the group with Rolando Cevasco, and recently advised Chile’s Polytex on tax structuring matters related to the sale of its business line to TDM. Cevasco is acting for Compañía Minera Milpo in a protective action against the tax administration over excessive charging of default interest in relation to an alleged tax debt; he is also assisting construction company Ciport with the audit process of its 2014 tax return and covering its project at the Port of Callao. Senior associate Eduardo Rojas has developed particular expertise in the retail and real estate sectors; and his fellow senior associate Rodrigo Flores is recommended for international taxation matters.

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Peru: Energy and natural resources

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

CMS Grau

CMS Grau has experience advising power companies on the development of conventional and renewable energy projects, and also regularly assists with public energy tenders and transactions. The firm advises Latin American development bank, CAF, on the $80m financing for the construction of La Virgen Hydroelectric Power Plant and its associated transmission line. It also assisted French capital company Neoen with its bidding process for the construction of a $75m solar plant within the framework of Osinergmin’s fourth renewable energy auction. Other active clients include Colbún, Alvac and Fenix Power. Carlos Hamann and Augusto Astorga are the key contacts.

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

CMS Grau

Full-service firm CMS Grau has an excellent reputation for advising investors throughout all stages of major mining projects, including exploration, development, construction and commercialisation. The firm also has strong supplementary capabilities in the storage of minerals and concentrates, M&A transactions, and financing and securities, as well as permitting, environmental, and technical matters. The highly regarded Cecilia Gonzáles and Miguel Grau co-head the team, which recently advised Glencore’s Compañía Minera Antapaccay on the signing of a $500m gold and silver streaming agreement with Franco-Nevada (Barbados) Corporation. Gonzáles and Raúl Ferreyra advised Rio Tinto on its negotiations with the government for the extension of the privatisation contract through which it operates La Granja Mining Project, thereby allowing the mine’s exploration phase to be extended by three years. The pair also assisted Compañía Minera Milpo and Votorantim Metais Cajamarquilla with their $50m acquisition of a 75% interest in the Shalipayco Project from Panamerican Silver. Other clients include Tahoe Resources, Silver Wheaton, and Zhongrong Xinda Group. Marité Aragaki is also recommended.

Leading lawyers

Cecilia Gonzáles - CMS Grau

Miguel Grau - CMS Grau

Next generation lawyers

Liliana Pautrat - CMS Grau

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

CMS Grau

CMS Grau made a significant hire into its oil and gas team: Augusto Astorga joined as partner from Muñiz, Ramírez, Pérez-Taiman & Olaya Abogados, and now co-heads the team with Carlos Hamann. The group handles a good mix of upper, mid and downstream matters. Highlights included advising Enagás International on the complex termination of the $4.3bn concession contract in relation to the Peruvian Southern Gas Pipeline; and assisting Petroperú with the transfer of 75% of its stake in the license agreement for the exploration and exploitation of hydrocarbons in Block 64 to Geopark Perú. Recent client wins include Baker Hughes, Pluspetrol, Perenco and Schlumberger. Jesús Abanto too, is highly regarded for all hydrocarbons-related regulatory and technical matters.

Next generation lawyers

Jesús Abanto - CMS Grau

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