The Legal 500

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AV. SANTA MARÍA 110, MIRAFLORES, LIMA 18, PERU
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Work +51 1 513 9430
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Fax +51 1 513 9435
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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

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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

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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.

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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.

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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.

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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

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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.

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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.

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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’.

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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

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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.

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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.

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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

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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

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