Public law and regulation in Peru
'Experts in public affairs', Estudio Echecopar member firm of Baker McKenzie International excels for its specialist team of administrative, regulatory and public works specialists, 'experience and knowledge' in all spheres of public law, and its 'good relations with the public authorities and private companies'. Jorge Danós and Juan Carlos Morón are pre-eminent in the field, while constitutional expert and 'very effective lawyer' Samuel Abad has been appointed to the government's panel for judicial reform. Clients range from top-drawer private and state-owned companies, such as Telefónica, Graña y Montero and Petroperú, to government bodies at municipal and state level. Morón and partner Zita Aguilera are currently leading advice to Consorcio Hospitalario Lima on the construction of a $90m hospital for the National Police of Peru, as initiated by the Ministry of the Interior; while Danós advised the Ministry of Internal Affairs on the legality of its command and intelligence centre in Metropolitan Lima and Callao. The team continues to advise the concessionaire of the $5.3bn Metro de Lima Línea 2 project, which includes multiple administrative contentious proceedings. A 'very solid' associate bench includes experienced principal Ana Sofia Reyna Palacios and senior Milagros Paredes ; it was further strengthened by the Februray 2019 hire of Laura Francia Acuña, formerly head of public law at Lazo, De Romaña & CMB Abogados.
Garrigues fields a 'very specialised team that knows the subject of public law and regulation in depth' and provides 'solid experience combined with agility and a desire to exceed expectations'. Although best-known for its advice on major public infrastructure, the team offers market-leading administrative and regulatory advice. The expertise of practice head Victor Baca, who 'guarantees an excellent legal approach and out-of-the-box solutions', combined with the 'innovation' of associates Eduardo Ortega and Johanna Holz, provide 'a good balance', say clients. In a major mandate, the team is advising Petroperú on the structure and execution of its international bidding process for the operation of its major oil terminals in southern Peru. Demonstrating its versatility, the team is also advising Media Producción on the public law aspects of its broadcasting of the Pan American Games on behalf of the state organisation responsible for the Games. Other names to note in a practice group which 'stands out' for fast response times and 'constant contact' with clients, are: senior associate Giancarlo Vignolo, who has a focus on energy and power; and associate Lissy Vega Centeno, formerly of Graña y Montero.
Rodrigo, Elías & Medrano – Abogados offers a truly panoramic practice that covers all forms of investment projects, public procurement and administrative proceedings, including sanctions, before every level of authority, from sector regulatory bodies to regional governments. Clients rate the team's grasp of complex cases, regulatory knowledge and 'experience with public entities in an area where there are not so many good lawyers'. Practice head Carlos Carpio stands out in construction-related works, including government contracting and public procurement, while other key partners include Hugo Silva and head of public-services regulation, Verónica Sattler. In contrast to some competitors, the firm advises only private companies (as opposed to public bodies), including Microsoft Perú, América Móvil Perú and Sistemas Oracle del Perú - all three of which it has advised on public procurement recently. Other work includes acting for TECNASA on its ongoing contracts to supply health services in Peru, and APM Terminals Callao on its provision of port services. Regulatory work includes representing Red Eléctrica del Sur, Luz del Sur and Transmisora Eléctrica del Sur in separate disputes with Azteca Comunicaciones, the concessionaire of the national fibre optic network which is expanding broadband services in Peru. Regulatory expert María Teresa Quiñones left to establish Quiñones Alayza Abogados.
Those instructing Rubio Leguía Normand appreciate the 'very experienced team' which has a 'great approach to the client'. Public law and regulation are core areas of expertise for the firm, earning roles on some of the country's more significant projects, public procurement and administrative matters. The small team punches above its weight with a busy caseload, where the key advisers are all praised by clients: practice head Milagros Maraví is a well known figure in the sector; principal associate Milagros Mendoza is noted for her technical and economic understanding; and senior associate Arturo Ruiz rounds out the practice with administrative and regulatory expertise. The team is advising the Aguas de Puno Consortium on its private initiative bid to develop the wastewater treatment system for the Titicaca lake basin (a $252.5m project); and representing the German Corporation for International Cooperation (GIZ), a services provider, on the creation of an Urban Transport Authority to co-ordinate the transport systems of Lima and Callao. Other representative clients of the practice include Marfina, Veolia and Torres Unidas.
Bullard Falla Ezcurra Abogados
Bullard Falla Ezcurra Abogados is highly commended for its administrative and regulatory law knowledge, being described as 'one of the most prepared and specialised in the field'. Work highlights from the past year are an eclectic mix of matters for some of the country's leading companies. They include advising concessionaires in the oil and gas, railway and ports industries, launching claims before regulators OSPITEL and INDECOPI on behalf of a telecoms company, and counselling an international organisation on competition law dynamics in the telecoms industry across Latin America. The team includes two economists specialised in economic regulation, while practice co-heads Alejandro Falla and Eduardo Quintana are very highly regarded in the market.
'Very good' Miranda & Amado draws upon its first-class specialists in the fields of infrastructure, projects, regulated industries and disputes to advise on related public and administrative law matters. Key partner Luis Marcelo De-Bernardis, for example, is providing administrative and regulatory advice to Enel Distribucion Peru concerning the tariff set by regulator OSINERGMIN for electricity distribution in Lima until 2023. Indeed, the practice acts for numerous sector-leading companies, such as Telefónica del Perú, on behalf of which the team is challenging a decision by the Ministry of Transport and Communication concerning its concession agreements for fixed line telecom services. Other key members of the team include Enrique Felices , who returned from the public sector in 2018; and counsels Willy Pedreschi -previously head of public law at what was formerly Benites, Forno & Ugaz, who joined the firm in January 2018- and the 'knowledgeable' Marifé Martinelli, who is regarded as 'a true specialist'. However, former practice head Luis Vinatea departed to co-found labour boutique Vinatea & Toyama. Since publication, Sr Pedreschi has been made partner.
Clients at Payet, Rey, Cauvi, Pérez Abogados benefit from the dedicated administrative and regulatory law expertise of practice head Gerardo Soto: 'very experienced' and a former head of legal at OSIPTEL, he has standout capability in the electricity segment. He is supported by versatile name partner Alonso Rey, who has experience in concessions, PPP and administrative matters. The team has capability across all aspects of public law and regulation, attracting significant matters and clients. They include acting for the Ministry of Transport and Communication regarding fees for use of radio waves by mobile telecom operators Entel Perú and Viettel Peru, and representing Clean Energy del Perú in disputes before regulatory agency OSINERGMIN and the Ministry of Energy and Mines. The group is also assisting Electroperú with regulatory compliance and public procurement matters.
Lauded for its ability to 'understand complex issues', CMS Grau is particularly strong on sanctioning procedures in the regulated industries, such as power, gas and telecoms. Practice head Ramón Huapaya is 'well known in the sector and very competent' and 'provides great legal advice'; he is currently leading advice to Luz del Sur on administrative sanctioning procedures before OSINERGMIN and environmental agency, OEFA. Other clients include Entel Peru, Repsol and Petroperu - the team is also assisting the latter with the draft of its bespoke Procurement Act.
Three-year-old competition and public law boutique León e Iparraguirre Abogados continues to make strides in this area, expanding at associate level due to an increased volume of work. The now six-strong team team is acting for Corporación Lindley in an appeal against a decision by water authority Sedapal concerning the payment rates for its underground water supply; and representing electricity distributor Coelvisac in an administrative procedure initiated by OSINERGMIN related to alleged violations of the energy distribution market's sectoral regulations. Luis Miguel León has a 'very fine nose to detect risky situations and propose ingenious solutions' and Gianfranco Iparraguirre 'always finds a creative solution to the problem'.
Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados advises its extensive client base on a broad array of dealings with public bodies and regulators and clients report the service is 'serious', 'committed' and of a 'good level'. The team advised Petroperu on the administrative law aspects of its EPC contract for auxiliary units and complementary works related to the redevelopment of the Talara oil refinery, advice led by Rolando Salvatierra, who co-leads the practice alongside Pierino Stucchi and Elard Dianderas.
Philippi Prietocarrizosa Ferrero DU & Uria is well-versed across the spectrum of public law matters, recently advising Telefónica del Perú on its appeals regarding public procurement bids, for example, and acting for Aeropuertos del Perú on its concession contract to operate and maintain 12 airports in Peru's main cities. The team also acts for GyM Ferrovías on its concession contract for the Line 1 Metro of Lima. Principal associate Carlos González Prada is the key contact, with partner level support from infrastructure heavyweight Ronald Fernández-Dávila.
Quiñones Alayza Abogados
Fledgling firm Quiñones Alayza Abogados has hit the ground running with instructions from some industry-leading companies and public bodies, testament to the market-leading reputation of name partner Maria Teresa Quiñones, formerly of Rodrigo, Elías & Medrano – Abogados. She is currently assisting the World Bank as a committee member analysing the technical, economical and legal aspects of Peru's Broadband Backbone Network project to deliver broadband to remote areas of the country. Clients include Entel Perú, América Móvil Peru and Newcom International Perú.
Santiváñez Abogados is a giant in the energy sector, particularly electricity power where few firms can match its administrative and regulatory expertise. Consequently, it is the preferred adviser to a number of relevant government and public bodies, such as the Ministry of Energy and Mines, OSITRAN and infrastructure investment agency Proinversion; the practice also represents a number of electricity distribution companies. The key advisers are Paul Súmar, Fidel Rocha and Roberto Santiváñez.