Mining in Peru
Rodrigo, Elías & Medrano – Abogados dominates the sector, its tier-one corporate, finance, public law and disputes practices combining with expert mining regulatory and market knowledge to provide an unparalleled offering. Consequently, numerous international and domestic mining companies instruct the firm for ongoing strategic advice, such as Anglo American Quellaveco, Pan American Silver, Marcobre and MMG Las Bambas, while at the other end of the spectrum the firm advises over 20 junior mining exploration companies. Practice head Luis Carlos Rodrigo Prado is pre-eminent in the field, and notably led advice, alongside Francisco Tong, to Southern Peru Copper Corporation on the reinstating of its construction permit for the $1.4bn SPCC Tia Maria mine, which had been suspended by the State following violent local protests. The case attracted international media attention and sets a precedent for the Peruvian mining industry. Other key advisers of the 20-strong team include Oscar Benavides and Claudio Ferrero, who both focus on the corporate and finance aspects of the mining sector; and Francisco Barrios was made partner in August 2019.
Compañía Minera Antamina (Shareaholders: Glencore, BHP Billiton, Teck Resources and Mitsubishi)
Sociedad Minera Cerro Verde (Freeport McMoran)
Minmetals / MMG/ Minera Las Bambas / Lumina Copper
China Aluminum Corp / Chinalco / Minera Chinalco Perú (Chinalco Group)
Anglo American Quellaveco / Anglo American Peru
Barrick Gold Corporation / Barrick Misquichilca
Pan American Silver
- Providing ongoing advice to Southern Peru Copper Corporation regarding the development of its Michiquillay Copper project, which it won through competitive bidding in 2018 (also advised by the firm). Current work includes negotiations with the local communities and critical stakeholders, and exploration and environmental permits.
- Acted for Anglo American Quellaveco in successfully obtaining a new stability agreement with the Peruvian Government for its Quellaveco Mine for a term of 15 years, amounting to an investment of $5.4bn. The stability agreement was the first granted by the State government for a large-scale mining project in six years.
- Advising Sociedad Minera Cerro Verde on all aspects of the large-scale expansion of its Cerro Verde open-pit copper and molybdenum mine in the Arequipa region of Peru; value $5.6bn.
- Advising Minera Barrick Misquichilca on securing the environmental and exploration permits to initiate exploration activities in three important exploration targets in Peru: Antonio de Chuco, La Capilla and Baulani.
- Successfully represented Southern Peru Copper Corporation (SPCC) in high-profile appeal prodeedings before the Mining Council following a decision by the Ministry of Energy and Mines to suspend the construction permit for the $1.4bn SPCC Tia Maria mine following violent protests by local residents and farmers.
CMS Grau brings both local and international know-how to the Peruvian mining sector, with regulatory and project development being particular strengths. Mining has long been a core area of expertise at the firm, and it continues to act for a wealth of top-flight companies, including Anglo American, Rio Tinto, Minera Las Bambas and Compañía de Minas Buenaventura. The team is currently advising on multiple contentious matters, challenging decisions of mining regulator OSINERGMIN and environmental body OEFA, including a case on behalf of Compañía Minera Santa Luisa in the Superior Court. Miguel Grau, a founding father of Peruvian mining law, remains a director of the firm, but the bulk of mandates are led by Cecilia Gonzales, who has led the department for over 20 years and has 'deep knowledge’ of M&A and regulatory law in the sector. Other key advisers include Liliana Pautrat, who leads on the disputes side, and regulatory specialist Marité Aragaki.
‘Their attorneys are very willing to help with all the required matters.’
‘It is a team with very consistent responses and no weak points.‘
‘Cecilia Gonzales‘ experience and her command of mining regulations, including that which requires technical detail, makes the difference.’
Nexa Resources Peru
Sumitomo Metals Mining Peru
Minera Las Bambas
Compañía de Minas Buenaventura
Wheaton Precious Metals
Compañía Minera Santa Luisa
Compañía Minera Lincuna
Humon Latin America
Inversiones y Asesoría Prima
- Acting for Macusani Yellowcake, a subsidiary of Plateau Energy Metals, in the defence of 32 of its mining titles against forfeiture by the Peruvian mining authorities, involving the mining concessions that are part of the Macusani project, the first uranium project in Peru.
- Representing Minera Las Bambas in judicial proceedings against mining regulator OSINERGMIN challenging administrative measures to be imposed regarding mining infrastructure and safety.
- Advised Inversiones y Asesoría Prima on the $3.8m sale of a clinker project located near the port of Matarani, southern Peru, to Chilean company Cementos Bio Bio.
- Defending Compañía Minera Santa Luisa, subsidiary of Mitsui Mining & Smelting, in two administrative procedures against the Supervising Entity of Environmental Matters in Mining Activities (OEFA) and one judicial appeal before the Superior Court of Lima.
Estudio Echecopar member firm of Baker McKenzie International
The 'solid team of professionals’ at Estudio Echecopar member firm of Baker McKenzie International has been in demand for strategic advice in some of the most business-critical mining disputes during the past year, and is often called upon for a second opinion by leading mining companies. Among new clients of the practice are heavyweights Anglo American Quellaveco and Southern Peru Copper Corporation; while government body the Ministry of Energy and Mines has sought the firm's advice in respect of regulatory changes. Valentin Paniagua Jara heads the seven-lawyer team and focuses on the corporate aspects of the mining industry, although he also has regulatory and disputes expertise. He is supported by Ina María Drago, noted for her experience and knowledge in this sector, while valuable input into the practice is also provided by leading public lawyer Jorge Danós.
‘A solid group of professionals willing to understand the client’s business to better serve them.’
‘Ina María Drago is an experienced attorney who has a real interest in helping her client.’
‘An adequate mix of lawyers that combines experience and knowledge, theory and practice, which allows it to offer alternatives tailored to the needs of its clients within the framework of the law. I would say that the team is among the leaders of the Peruvian market in this area.’
‘Ina María Drago has capacity for management and teamwork, knowledge and experience. Alexandra Carranza Bendezu has management skills and a clear commitment and involvement with the client’s business.’
Anglo American Quellaveco
Southern Peru Copper Corporation
Hudbay Minerals / Hudbay Peru
Minera Aurífera Retamas
Trevali Mining Corporation
Minera Hampton Peru
Sierra Sun Group
Compañía Minera Zafranal
Volcán Compania Minera
Compañía Minera Santa Inés y Morococha
Ministry of Energy and Mines
- Providing additional strategic case support to Anglo American Quellaveco (also advised by another Peruvian firm) in its defence of judicial proceedings brought by Junta de Usuarios del Valle del Tambo (an organisation of water users) concerning the $5.3m Quellaveco mining project.
- Advised Southern Peru Copper Corporation (SPCC) in an appeal by the regional government of Arequipa before the Mining Council, following SPCC’s successful challenge to the revocation of its construction permit for the Tia Maria copper mine project.
- Successfully advised Volcán Compañía Minera in a strategy to deal with the water issues affecting its Ticlio mining unit and, more specifically, concerning the Huacracocha Lake and the effluents derived from the Huacracocha pithead, resulting in it recovering its discharge authorisation.
- Assisting the Ministry of Energy and Mines in updating regulations relating to the promotion of small and artisanal mining.
The core team at Hernández & Cía. Abogados has bedded in well following its arrival from Osterling Abogados in 2018, attracting some enviable new clients to the firm following competitive pitches. Luis Felipe Huertas del Pino and Miyanou Dufour are both experienced regulatory professionals with notable expertise in the environmental impact of mining operations, while fellow practice head Luis Rodríguez-Mariátegui, who they joined at the firm, leads on the transactional side of the practice. The fused teams provide a comprehensive offering that attracts major domestic and international mining companies to the firm, such as Glencore-subsidiary Compañia Minera Antapaccay, Rio Tinto Mining and Exploration, Pan American Silver and Hudbay Perú. It is acting for the latter in the expansion proposals for the Constancia mine, which accounts for 5% of Peru's total copper output. The firm is also increasingly acting for international financial investors in this sector.
‘I am very satisfied with the service provided by Luis Felipe Huertas del Pino and his team. I have nothing but praise, admiration, and appreciation for the valuable support they have given us over the years. In recent months, Luis Felipe and his team have been providing very efficient solutions during the implementation of the Covid-19 prevention programme, shielding us from legal contingencies and always thinking about the safety of people. Although it was not an easy task, given the multiplicity of regulations and loopholes, their advice in one way or another has ended up being accepted by the authorities, which shows that they have been one step ahead.’
‘They have a very rigorous approach from the theoretical point of view and at the same time they make very practical and efficient recommendations, satisfying our specific needs. They always strive to understand more about our business, which makes a difference with other lawyers in the same field. Other aspects that deserve to be highlighted in Luis Felipe’s team are the clarity of his communication, his creativity and his high levels of integrity and professional ethics. They are seen as a highly motivated team and always ready to support with great enthusiasm. I only have praise and admiration towards them. Mainly I highlight the work of Luis Felipe and also of his associate, Juan Pablo Macassi.’
‘The legal advice provided has been excellent. Especially this year it has been key to have their accompaniment in mining law for the various problems and consultations during the construction of the Mina Justa mining project. They combine great knowledge on various regulatory issues and at the same time provide quick and practical answers, which is vital for the dynamics of mining projects. It is important to feel that they live the problems with the client and try to solve them not only by giving a merely legal response, but by looking at various alternative solutions. Our main contact is Miyanou Dufour (regulatory and mining). The team has diverse members with different specialties, they are all excellent professionals.’
‘The legal service of Estudio Hernández seems optimal to me. Timely attention, with excellent results. I could mention the achievement of a PAS (OEFA Sanctioning Administrative Process) whose finding was contested reaching the instance of the TFA (Environmental Tax Court) being finally filed and not generating any impact on the company.’
‘My primary contact is Ms Miyanou Dufour; I mainly work with her and Javier Wong. Both seem excellent lawyers to me, Miyanou having more experience and a strategic vision of the issues discussed. Both work very quickly with a comprehensive vision and offer a very complete service from the smallest details to the most important matters.’
Compañia Minera Antapaccay (Glencore)
Rio Tinto Mining and Exploration
Pan American Silver
Lundin Mining (Peru)
Compañía Minera San Valentín
Rio Tinto Minera Perú
Gold Fields La Cima
- Advised Compañía Minera Antapaccay (Glencore) on a feasiblity study for the $590m (approx) Coroccohuayco project for a new mineral extraction open pit that will be integrated into the Antapaccay (Tintaya) mine.
- Acting for Hudbay Perú in the design and execution of the construction and operation strategy for the expansion of the Constancia mine, one of the main copper mining operations in Peru amounting to 5% of Peru’s total copper production.
- Representing Rio Tinto Mining and Exploration in assessments and strategies relating to peasant communities present in areas of interest for the development of future mining explorations.
- Acting for Gold Fields La Cima on different mining regulatory affairs, such as the implementation of mining components as part of its mine expansion, approved in 2019.
Miranda & Amado
Miranda & Amado demonstrates expertise across the complete range of mining work, from acquisitions and concessions, through to exploration, permitting, construction and production. In a year devoid of significant transactional volume, usually the mainstay of the practice, it has been advising on regulatory issues for its quality client base, including representing Australia's Red Citadel in a programme to establish mining operations offshore in Peruvian territorial waters, which will amount to the first ever such activity in the country. At the helm, Alberto Delgado brings 23 years' mining and environmental law experience to the offering and is co-managing partner of the firm. Fellow partner Guillermo Bracamonte has a strong focus in the sector, specialising in mining contracts, mining regulatory matters and M&A transactions for mining clients.
Great Panther Silver
Mitsubishi Materials Corporation
Las Bambas Mining Company
Compañía Minera Miski Mayo – Vale
Compañía Minera Antapaccay – Glencore
Red Citadel Resources
MCQ Copper (Mitsubishi Corporation)
- Advising Minera Chinalco Peru on various issues related to its Toromocho mining project, including regulatory and land management matters.
- Acting for Austrialia’s Red Citadel in its efforts to establish mining operations offshore in Peruvian territorial waters, including regulatory and permit advice, the first time such activity has been undertaken in Peru.
- Acted for Great Panther Silver – owner of the Coricancha mine complex in the central Andes region – on a $11.25m gold doré prepayment agreement with Samsung C&T UK, as part of the firm’s ongoing retainer to advise GP on all legal matters related to its mining activities in Peru.
- Representing Royal Gold, owner of a royalty over the Los Chancas project held by Southern Peru Copper Corporation, which is in the process of becoming a producing mine.
A 'very professional and committed’ team at Rubio Leguía Normand enjoys an excellent reputation in the mining arena for its strength in depth and level of service. Clients speak of the 'high quality’, 'experience and knowledge’ and 'good communication’ demonstrated by the practice, which is led by 'prestigious lawyer’ Xennia Forno and last year's 'excellent hire' Diego Grisolle from García Sayán Abogados. Among a number of able associates within the seven-strong team are seniors Miguel Angel Soto, an 'excellent young lawyer but with a lot of experience’, and Nancy Ogata, highlighted by clients for her experience and knowledge of the industry. The firm is currently assisting the Ministry of Energy and Mines on improving the competitiveness of the Peruvian mining sector. Senior firm figure, corporate specialist Emil Ruppert has a notable mining aspect to his practice but is less active of late.
‘Very professional and committed to the work they do.’
‘The team is led by Xennia Forno who is a prestigious lawyer with vast knowledge of mining and the environment. They are professional and of high quality and integrity, and have been advising our company for many years. The firm is synonymous with trust and quality. We have good communication with the entire team and I believe they make a difference in the sector.’
‘Their best points are their experience in the area combined with a team of young lawyers who work in the best way possible. Xennia Forno is the principal partner and head of the practice, as well as main adviser to the company in environmental mining issues. An excellent person and professional; expert in mining concessions, mining contracts, environmental supervision, etc. Partner Diego Grisolle has been with the firm for a short time but is already known in the sector and an excellent hire. He is a great professional and stands out among his peers from other law firms and I consider him a fundamental member of the team. Miguel Angel Soto is an excellent young lawyer but with a lot of experience. He has been advising the company for several years and in a very efficient way. Nancy Ogata is also an excellent lawyer with experience in mining issues and has collaborated with us in some important contracts together with Diego Grisolle.’
‘They stand out for the depth of the law firm and their experience in mining-related issues. Recommend: Nancy Ogata for her attention to details and knowledge of mining and environmental laws; Xennia Forno for her depth of experience and knowledge; Diego Grisolle for his knowledge and the ability to converse and explain the the nuances of the law to non-lawyers.’
Winshear Gold (previously Helio Resources)
Fortuna Silver Mines – Minera Bateas
Newmont Mining – Minera Yanacocha and Newmont Perú
Barrick Gold – Minera Barrick Misquichilca
Anglo American – Anglo American Quellaveco and Anglo American Perú
Aluminum Corporation of China – Minera Chinalco Peru
Cerámica San Lorenzo
- Acting as local counsel to Abundia Minerals in respect of the negotiation, drafting and implementation of their joint venture with Tyrex Ore and Minerals for the development of the Cerro Blanco project, one of the largest iron ore reserves in Peru
- Advising the Ministry of Energy and Mines on the identification of bureaucratic hurdles which undermine the competitiveness of the Peruvian mining sector.
- Acted for Winshear Gold, previously Helio Resources, in its $1m acquisition of the Gaban Gold and Tinka Iron-Oxide Copper-Gold (IOCG) projects from Palamina.
- Conducted an internal audit on behalf of Anglo American on the legal requirements of its Quellaveco project, to ensure that construction activities are performed in compliance with applicable requirements.
Fernando Pickmann is an experienced mining lawyer at Dentons Peru, noted for his commercial awareness and pragmatic advice. Together with a team of six associates, he handles a steady flow of transactions on behalf of mid-sized domestic and international mining companies. They include Latin American Resource Group, which owns the Jasperoide Copper-Gold project located in the Andahuaylas-Yauri belt, and which the firm is advising on its 100% share sale to Carube Copper. The team is also active in the venture capital aspects of the mining industry, handling listing and financing processes via the Lima Stock Exchange for a string of junior mining companies, such as Regulus Resources and Rio 2.
Latin America Resource Group (LARG)
Globetrotters Resource Group
- Advising Latin America Resource Group (LARG) on its 100% share sale to Carube Copper. LARG owns eight exploration concessions relating to the Jasperoide Copper-Gold project located in the Andahuaylas-Yauri belt.
- Acted for Alamos Gold on the multijurisdictional $12m sale of the royalties of its Peruvian subsidiary to Metalla Royalty and Streaming.
- Representing Globetrotters Resource Group on the transfer of two companies, Elida Resources Sac and Candelaria Resources, owners of the Elida and Candelaria copper-gold projects, to Peruvian-Canadian mining company Element 29 Resources.
Payet, Rey, Cauvi, Pérez Abogados advises on big-ticket corporate transactions and financings in the mining sector, acting for both lenders and borrowers in capital raising. It has a growing regulatory practice, while its full-service offering also provides support areas such as criminal sanctions advice, an issue of growing importance to the sector. Corporate and finance specialist José Cúneo heads up the practice and has experience in advising on broader mining issues, such as legal title over mining and surface land rights, mining regulation and environmental law. Associate Angel Chavez specialises in mining and environmental law and public management. Recent client gains by the practice include Turmalina Metals, Minera Colquisiri and Banco Santander del Perú.
‘The team at Payet, Rey, Cauvi, Pérez Abogados stands out a lot over the other law firms in Peru. Their work is very professional and they are dedicated to the client.’
‘They are attentive, responsible and very accurate in their work.’
‘I’ve liaised with the team’s experts on M&A, mineral exploration and environment and they are very well coordinated.’
‘Associate Alexandra Pázzara is very technical, patient and articulate around the negotiation table.’
Sociedad Minera Corona / Sierra Metals
Vale Exploration del Perú
Gold Fields La Cima
Banco Santander del Perú
- Advising a domestic mining company on: (i) the potential acqusition of a mining project in central Peru; and (ii) the sale of a mining project in the north of the country to an international company.
- Represented Sierra Metals, Dia Bras Mexicana and Dia Bras Perú, as co-debtors, on a $100m financing granted by Banco de Credito del Peru for the purpose of liability management and other corporate purposes.
- Acted for Banco Santander del Perú on the structuring of stand-by letters of credit on behalf of mining companies as security to guarantee the performance of their obligations under mining closure plans.
Philippi Prietocarrizosa Ferrero DU & Uria advises on transactions, regulatory issues and dispute resolution on behalf of mining sector clients, the practice being led by corporate and mining specialist Rafael Lengua, who brings valuable in-house mining experience to the team. Notably, the firm has a longstanding relationship with BHP Billiton, acting for its local subsidiary on exploration activities; and it was also called upon by consultancy Macroconsult and the Institute of Mining Engineers of Peru to compile an international mining competitiveness index which is influencing government policy on the sector. Senior associate Roberto Velarde focuses on the corporate and regulatory aspects of mining projects, including all types of permits and authorisations.
‘Philippi Prietocarrizosa Ferrero DU & Uria has one of the leading mining practices among Peruvian law firms. Their team is composed of very experienced lawyers with outstanding capabilities.’
‘I had the chance to work with Rafael Lengua, partner of the firm, in a very important project that required a thorough understanding of mining law and regulation in six countries. Mr Lengua’s team was able to process a significant amount of information and arrive at relevant conclusions. His interpersonal skills allowed him to achieve a succesful engagement of all the parties that participated in the project, especially the client.’
Compañía Minera Miski Mayo
BHP Billiton World Exploration (Peru)
Nexa Resources Peru
Sumitomo Metal Mining
Resource Capital Funds
Compañía Minera Antamina
Compañía Minera Quechua
Japan Oil, Gas and Metals National Corporation – JOGMEC
Mitsui Mining and Smelting (Peru)
Pan Pacific Copper
Compañía Minera Santa Luisa
Ocean Trading Partners
- Advised consultancy Macroconsult and the Institute of Mining Engineers of Peru on developing a competitiveness index that analysed and compared mining industry data, including geological potential, tax policy, infrastructure, institutions, regulation and social environment across seven jurisdications, including Peru. The completed report resulted in the creation of an independent commission in Peru to reform the mining industry with the objective of improving its competitiveness.
- Acting for the Peruvian subsidiary of BHP Billiton World Exploration in relation to a new mining exploration project located in the area of Moquegua.
- Advised Compañía Minera Ares on a $200m credit facility granted by the Bank of Nova Scotia and BBVA Securities, guaranteed by parent company Hochschild Mining.
Jorge Córdova is a full-time energy and mining regulatory lawyer at DLA Piper Perú and is building a successful practice at the firm since moving from Miranda & Amado in 2018. The firm now ranks coveted clients Minsur and subsidiary Marcobre among its client base, and is acting for Minera Chinalco Perú on the operation and expansion of its Toromocho mining project, located in the Junín region, which boasts an overall investment of approximately $4bn. Córdova is assisted by associate Nathalie Málaga.
Minera Chinalco Peru
Alto Quemado Mining Company
Cal del Centro
Minera El Olivar Imperial
- Advising Minera Chinalco Peru on the operation and expansion of the Toromocho copper and molybdenum mining project located in the Junín region, with an approximate investment of $4bn.
- Acting for Minsur, on the expansion of Project B2, its San Rafael tin mining project located in the Puno region. Investment in the mine is approximately $200m.
García Sayán Abogados has a long heritage advising the Peruvian mining industry on behalf of some of the country's largest mining companies. They include Compañía de Minas Buenaventura and Volcán Compañía Minera, which the firm has represented for many decades. Last year's departure of Diego Grisolle to Rubio Leguía Normand has impacted on the practice, but it still offers valuable corporate expertise to the mining sector under Luis Gastañeta, while Edgardo Portaro focuses on energy and infrastructure.
Compañía de Minas Buenaventura
Sociedad Minera El Brocal
Volcán Compañía Minera
- Acted for Volcán Compañía Minera on the closure of its $225m joint venture with port operator COSCO Shipping Ports to design, develop and construct a multipurpose private port in Chancay, 58km north of Lima.
- Acted for Compañía de Minas Buenaventura in its $12.6m acquisition of 19.9% of Tinka Resources, a Canadian company listed on the TSX Venture Exchange, andnwhose Peruvian subsidiary owns the Ayawilca Mining Project in Peru.
Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados has a developing practice led by Daniel Palomino, who specialises in corporate and regulatory mining matters, environmental issues and occupational health and safety in mining operations, including administrative sanction procedures. The firm's distinctly international client base includes Mexico's Fresnillo, a key client of the past year, which the firm advised on the start-up of four separate silver exploratory projects. Notably, it is the only firm in Peru with a national presence (ten regional offices), which facilitates representation of clients in administrative procedures in regional or local jurisdictions.
Mitsubishi Corporation / MC Inversiones Peru
Dynacor Gold Mines/Minera Veta Dorada
Plateau Energy Metals/Macusani Yellowcake
Cementos Bio Bio / ICBB Peru
Grupo Calidra / Calquipa
- Representing Fresnillo on the start-up of four separate exploratory silver mining projects, involving securing the necessary authorisation and handling the environmental-social affairs and a prior consultation process with local indigenous communities.
- Acted for Dynacor Gold Mines regarding the seizure measure authorised by the Peruvian customs authority over a gold export for control procedures.
Estudio Olaechea acts for some small to mid-sized mining companies on a range of regulatory and corporate matters, as well representing other industries with their dealings in the mining sector. José Antonio Honda is a corporate and infrastructure partner with considerable experience in mining law and practice; he is leading advice to S&L Andes Export, a mining company based in Acobambilla, Huancavelica, on the restart of its operations there. The firm hired energy lawyer Licy Benzaquén in January 2020, formerly of her own practice and prior to that, a 'rising star' associate at top tier electricity firm Santiváñez Abogados.
Ferrovía Transcontinental Brasil – Peru
APM Terminals Callao
Molibdenos y Metales
Imerys Minerales Peru
S&L Andes Export
- Advising Imerys Minerales Peru, the holder of mining concessions in southern Peru currently in the exploitation stage, on negotiations with the rural community which owns the surface land in which the mining concessions are located.
- Representing S&L Andes Export,on the restart of its operations and the construction of its own mining plant to obtain and sell metal concentrates.