Firms To Watch: Public law and regulation

Baxel Consultores handles contentious administrative processes, regulatory matters and the elimination of bureaucratic barriers; Mario Drago Alfaro, Juan Chang Tokushima, Christian Chávez Verastegui, Carlos Rojas Klauer and Raffo Velasquez Melendez all co-lead the practice.
Víctor García Toma and José Francisco León-Pacheco head the public law team at Benites, Vargas & Ugaz, which advises on constitutional law, municipal law, and administrative law and procedures.
The public law team at Candela Jara Abogados is led by César Candela and acts for a range of public and private sector clients on public procurement, contracts, and arbitration and litigation.
Carlos Monteza heads the administrative and reglatory practice at MOAR Abogados that is increasingly visible on a range of public law, competition and administrative matters, and regularly handles matters concerning public sector regulation, state contracting, public-private associations and state contracting; Monteza is backed by senior associate Favio Montenegro and well-regarded associate Valeria Milla.

Public law and regulation in Peru

Estudio Echecopar member firm of Baker McKenzie International

With ‘the best team of public-administrative lawyers in Peru’, Estudio Echecopar member firm of Baker McKenzie International advises a range of public and private sector clients on constitutional and administrative law issues, public procurement, concessions, and domestic and international arbitration processes. The team is jointly led by Juan Carlos Morón and Jorge Danós, who are both often consulted by central government in relation to new legislation. Zita Aguilera is a name to note for public bids and concessions, while counsel Ana Sofía Reyna is experienced in transport infrastructure matters and the privatisation of assets. At associate level, principal Laura Francia is experienced in administrative proceedings; and senior Natalia Mori is another active practitioner. Partner Samuel Abad re-joined the team in August 2021 after a short break, but former principal Milagros Paredes left for UNOPS in June 2022.

Practice head(s):

Juan Carlos Morón; Jorge Danós

Testimonials

‘I believe that B&M has the best team of lawyers in Public-Administrative Law in Peru‘.

‘It is an experienced team but with a lot of young talent‘.

‘They maintain an excellent level of ethical behavior, which is of the utmost importance‘.

‘Fundamentally Jorge Danós, Juan Carlos Morón and Samuel Abad make up a very powerful senior team, very well complemented by young talent‘.

Key clients

Oficina de las Naciones Unidas de Servicios para Proyectos (UNOPS)

Consorcio Nippon KOEI – OIST (comprising: Nippon Koei Co and Oficina de Ingeniería y Servicios Técnicos)

COSAPI Ingeniería y Construcción

Corporación Sapia

Moller-Maersk

Lima Expresa (formerly, Línea Amarilla)

COVISOL

Sinohydro Corporation Peru

Alauda Ingeniería (Peru branch)

Consorcio Vial Ambo

Consorcio Agua

University ESAN

Telefónica del Perú

OSIPTEL

Volcan Compañía Minera

Credicorp Capital

Consorcio Hospitalario Lima

ProColombia

Intercorp

Work highlights

  • Advising UNOPS on a range of matters including an international arbitration.  
  • Acted as sponsor of the Nippon KOEI – OIST Consortium in an international arbitration under the administration of the ICC, initiated by the National Urban Sanitation Program – PNSU (a public body of the Peruvian government).
  • Currently acting as COSAPI’s sponsors in its most important procurement procedures, mainly regarding engineering and construction, which – given the company’s relevance – can have a big impact on the market.

Rodrigo, Elías & Medrano – Abogados

The public law and procurement practice group at Rodrigo, Elías & Medrano – Abogados advises national and international clients on large infrastructure projects, including public and private initiatives and PPPs. Areas of focus include public procurement, contract negotiation, compliance, and administrative proceedings. Practice co-head Verónica Sattler has considerable experience of regulatory matters pertaining to project development, particularly in the energy sector; while fellow co-head Carlos Carpio has notable experience representing clients in administrative proceedings before national, regional, and municipal entities, as well as advising on government contracting and public procurement processes. Hugo Silva focuses on construction matters and bidding processes launched by government entities or specialist international organisations, and Alejandro Manayalle handles project development in the transportation infrastructure and energy sectors. Diana Briones, who was promoted to partner in January 2022, and experienced counsel Augusto Effio are also both recommended.

Practice head(s):

Carlos Carpio; Veronica Sattler; Hugo Silva

Testimonials

Excellent professionals – punctual, responsive and human.

 

Key clients

Lima Airport Partners

Consorcio Constructor M2 Lima

Apm Terminals Callao

Aeropuertos Andinos Del Perú

Teleférico De Huchuy Qosco

Salog

Transmisora Eléctrica Del Sur 4

Southern Peru Copper Corporation

Celeo Redes

Inland Energy

Rutas De Lima

Grupo IDC

Ferrocarril Transandino

Entel Perú

Microsoft Corporation

Aramburu Matriz

Sade Compagnie Generale De Travaux D’hidraulique

Fresenius Medical Care Del Perú

Aecom Technical Services

ABB

Minsur

PLM Inversiones Inmobiliarias

Dredging International Services

CBC Peruana

Universidad Peruana Cayetano Heredia

Cencosud Perú

Sistemas Oracle Del Perú

Inversiones La Maddalena

Work highlights

  • Providing permanent advice to Lima Airport Partners on the development of the expansion of Jorge Chavez International Airport.
  • Providing permanent advice to Consorcio Constructor M2 Lima on the development of the construction of Line 2 of Lima’s metro system.
  • Providing permanent regulatory advice to APM Terminals Callao on the development of the concession and advancement of investments for the handling of containers in the country’s main port.

CMS Grau

The administrative law and public procurement department at CMS Grau has a strong focus on servicing clients in the telecoms, electricity, and oil-and-gas sectors. With considerable experience in administrative proceedings, the practice also handles regulatory matters and sanction procedures. Ramón Huapaya heads the team and is a name to note for public services regulation, concessions, infrastructure issues, contractual matters and disputes; he acts for some of the top energy companies active in Peru and is also a listed arbitrator at the Peruvian Chamber of Commerce and is often called upon to serve as an expert witness in cases. Senior associate Néstor Shimabukuro has considerable experience of sanctioning procedures before a range of regulatory entities, including INDECOPI and OEFA, and also handles contracting matters with the state.

Practice head(s):

Ramón Huapaya

Testimonials

‘Ramón Huapaya is a good reference for administrative sanctioning law in the academic field; he is definitely a plus that not all firms have.’

Key clients

General Electric (GE) Healthcare

Luz del Sur

Enel Distribución

Entel Peru

Savia Peru

Solgas

Telefónica del Perú

Compañia Minera Antamina

Work highlights

  • Providing advice to General Electric (GE) Healthcare in a controversy against public entity Seguro Social de Salud (ESSALUD), regarding a breach of contract.
  • Representation of Savia Peru in all its administrative sanctioning procedures before energy agency OSINERGMIN and environmental agency, OEFA.
  • Providing advice to Enel Distribución Perú regarding a contentious matters with Azteca Comunicaciones Perú before the Collegiate Body of the Supervisory Body of Private Investment in Telecommunications (OSIPTEL).

Garrigues

The ‘very capable and results-oriented’ team at Garrigues is led by of counsel Victor Baca, who has 22 years’ experience in public law. The firm has particular experience of in high-profile infrastructure projects, public procurement matters, public contracts and concession agreements, as well as arbitration and sanctioning proceedings. Baca acts for public and private clients on regulatory matters and administrative issues, and is well-supported by senior associate Eduardo Ortega, who is experienced in public law matters and project development in relation to the telecoms and energy industries, and environment and natural resources sectors. Principal associate Johanna Holz can draw on in-house experience in the telecoms sector and is a name to note for contractual matters, with a focus on project development; while senior associate Giancarlo Vignolo handles environmental and education-sector related matters. Lissy Vega Centeno is another key senior associate with a focus on construction law and public tenders, among other areas. Rodrigo Ramos joined as associate from EY Law in early 2021.

Practice head(s):

Victor Baca

Testimonials

‘Team with very high quality and specialisation‘.

‘Flexibility to adapt to the client‘.

‘Knowledge of the industry in which my company is active‘.

‘Highly prepared lawyers with recognised experience in both the public and private spheresi

‘They are totally accessible and always willing to help‘.

‘Highly capable and results-oriented attorneys‘.

‘The advice is personalised and is provided based on the interests and needs of the client‘.

‘Lissy Vega Centeno and Victor Baca are very capable attorneys’.

Key clients

Universidad San Ignacio de Loyola (USIL)

Gas Natural de Lima y Callao (Cálidda)

Prosegur

Sociedad Nacional de Pesquería (SNP)

Terpel

Concesionaria Desaladora del Sur (CODESUR)

Asociación para el Fomento de la Infraestructura Nacional (AFIN)

Andean Telecom Partners Perú (ATP)

TDP

Volkan

Work highlights

  • Representing USIL in an administrative investigation initated  by the higher education supervisory authority (SUNEDU) and the competition authority (INDECOPI) into the legality of fees charged by USIL to its students.
  • Advised Cálidda on the concept of “administrative silence” in the context of an administrative request submitted by the client to Osinergmin, the regulator for the natural gas sector.
  • Advising telecoms infrastructure company ATP in an administrative proceeding against the Municipality of Miraflores before INDECOPI’s Court for Bureaucratic Barriers to challenge a regulation that prohibits the installation of aerial telecommunication cable networks in the local government jurisdiction.

Miranda & Amado

The public law practice at Miranda & Amado draws on experts in energy and natural resources, infrastructure, regulation, competition and dispute resolution to provide a holistic approach to clients in highly regulated industries, including high-profile companies in the pharmaceutical and telecoms sectors. It is particularly well versed in handling public law and regulatory matters relating for large M&A deals, finance transactions and energy and infrastructure projects. Practice head Willy Pedreschi acts for public and private entities on administrative and regulatory law, and has noteworthy experience of the health, education, food and beverage, and construction sectors. Enrique Felices is a name to note for competition matters; while counsel Marifé Martinelli, in turn, is recommended for administrative law issues in the energy and water sectors. At associate level, Fabiana Vittoria (regulatory and administrative law, telecoms, media and regulated industries) and Joao Arbildo (administrative law; infrastructure, public procurement and regulated industries; arbitration) are key names; however, former senior Omar Alvarado left for Diez Canseco Competencia & PI in February 2022.

Practice head(s):

Willy Pedreschi

Testimonials

‘Detailed analysis of cases‘.

‘Commitment to deliver quality work and personalised management in each consultation makes Miranda & Amado the best choice‘.

‘Willy Pedreschi provides a quality, effective and efficient service‘.

‘Willy Pedreschi clearly understands the needs of the business‘.

‘Willy Pedreschi always anticipates events that may have an impact on our business and provides direct and precise attention on how to face legal challenges‘.

‘Willy Pedreschi and his team can explain the different technical queries in an easy way and always offer a solution‘.

‘Joao Arbildo is always attentive to respond quickly and accurately to the queries that are made to him‘.

‘Our business can easily apply the suggestions they provide‘.

Key clients

Enel Distribución Perú

APM Terminals Callao

CenturyLink

Inca Rail

Obrascón Huarte Lain

SGS del Perú

Paneles Napsa

Amazon Web Services

Estudios Técnicos

Kallpa Generación

Work highlights

  • Assisting Estudios Técnicos on complex legal matters related to the execution of the contract signed with OSINERGMIN in 2017, relating to the administration and preventive maintenance of the goods of the Gasoducto Sur Peruano project.
  • Providing legal advice to Kallpa Generacion on several administrative legal aspects related to the company’s intervention in public investment projects under municipal administration and in public procurement bids for the provision of energy services to public entities.
  • Advised APM Terminals Callao on the tariff revision procedure (Review of the Productivity Factor), intended to set the maximum rates applicable to the regulated services rendered in the multi-purpose North Terminal of the Callao Port for the period between July 1, 2021 and June 30, 2026.

Payet, Rey, Cauvi, Pérez Abogados

Payet, Rey, Cauvi, Pérez Abogados offers clients ‘highly trained, super-professional lawyers who provide effective solutions’. Its regulatory and administrative law practice group is led by Gerardo Soto and handles administrative procedures before all government entities, including ministries, regulatory agencies and local governments as well as a full range of advisory assistance. The team acts for clients in the energy, mining, telecoms and transportation sectors, among others, on procurement processes, PPPs, concessions, permits, licenses and regulatory matters. Soto is well versed in representing clients before regulatory agencies, such as OSINERGMIN, OSITRAN and INDECOPI; while counsel Karen Ángeles, who has in-house and public sector experience, is a name to note for Works for Taxes and PPP projects, among other issues. Principal Associate Michelle Aramburú has notable experience in infrastructure matters.

Practice head(s):

Gerardo Soto

Testimonials

‘Coordination with the firm in different subjects/specialties is very easy, since the entire relationship is centralised with a Partner (regardless of the subject)‘.

‘The partner can assign a team specialised in the subject (corporate, tax, corporate, licenses, etc.) immediately and give the appropriate response‘.

‘The team in general is very professional and offers immediate responses‘.

‘Michelle Aramburu took ownership of the case as if it were her own‘.

‘Michelle Aramburu obtainiedthe desired results, despite the initial chances of success in the case‘.

‘We received very good advice and in a difficult case where other law firms gave up‘.

‘I worked directly with Michelle Aramburú who was always available to help and provide expert information on the subject‘.

‘The firm has highly trained, super-professional lawyers who provide effective solutions for the needs of clients.’

Key clients

Inca Rail

APM Terminals Callao

OSITRAN

Terpel Comercial del Perú

Edificios Santa Cruz

Talma Servicios Aeroportuarios

Aenza

Aionia Technology Corporation

Hitachi ABB Power Grids

Cumbra Perú

CRP Medios y Entretenimiento

Sacyr Concesiones Peru

Scotiabank Perú

Supermercados Peruanos

ASBANC

Terminal Portuario Paracas

Transportadora Callao

Limagas Natural Perú  and Lima Gas (Lipigas Group)

CDTEL

Unión de Cervecerías Peruanas Backus y Johnston

Work highlights

  • Ongoing advice to Inca Rail on regulatory and administrative matters before public entities such as the Ministry of Transport and Communications, the regulator (OSITRAN), the railway line concessionaire – Ferrocarril Transandino (Fetransa), and other local and sectorial authorities.
  • Advising América Móvil on regulatory matters and on administrative sanctioning proceedings initiated by OSIPTEL.
  • Advising ASBANC on tender processes and project execution.

Bullard Falla Ezcurra Abogados

At Bullard Falla Ezcurra Abogados, the regulation and competition practice focuses primiarily on contentious antitrust cases, including arbitration, with a host of state organisations and public bodies on its client roster. Key contacts include Alejandro Falla and Eduardo Quintana, who both previously worked in the public sector at regulatory bodies INDECOPI and OSITRAN, along with Lucía Villarán and Andrea Cadenas; the entire team has experience undertaking administrative proceedings before the Peruvian Antitrust Authority, including on merger control. Recent advisory areas range from the energy and infrastructure to the telecommunications and transportation sectors.

León e Iparraguirre Abogados

Boutique firm León e Iparraguirre Abogados advises on municipal, regulatory and punitive aspects of public law, including on the execution of contracts and applications to public tenders following the Covid-19 pandemic. Founding partners Luis Miguel León and Gianfranco Iparraguirre are also active in contentious work and investigations; both have successfully represented Corporación Lindley – bottler for Coca-Cola – during proceedings initiated by the Metropolitan Municipality of Lima and SEDAPAL. Other areas of recent activity include administrative sanctioning and violation of consumer rights.

Key clients

Asociación de la Industria de Bebidas y Refrescos sin Alcohol (ABRESA)

Grupo EFE (La Curacao, Motocorp, Financiera Efectiva, Conecta Retail and Total Artefactos)

Manpower Perú

Linde Perú (formerly: Praxair)

Corporación Lindley

Banco Pichincha

Banco Falabella

Covidien Perú

Crediscotia Financiera

Grupo SANNA (Clínica San Borja, Clínica El Golf)

Pacífico EPS

Scotiabank Perú

Marsh Rehder

Colegio Alpamayo and Colegio Salcantay

Colegio Recoleta

Grupo Auna

Laboratorios Lansier

Caja Rural de Ahorro / Crédito Cencosud Scotia Perú

Convatec Perú

Toyota del Perú

Work highlights

  • Advised Corporación Lindley regarding 15 administrative and judicial cases related to administrative matters and bureaucratic barriers.
  • Advised Banco Pichincha in an administrative proceeding initiated by SBS.
  • Advised Banco Falabella in an administrative proceeding initiated by SBS.

Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados

The administrative law team at Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados is led by Pierino Stucchi and Rolando Salvatierrra, and houses a number of practitioners who can draw on public-sector experience at relevant government regulators. With a strong focus on administrative and sanctioning proceedings, the team also handles bureaucratic barriers; matters and offers strong ancillary support on competition-related issues. Stucchi focuses on economic administrative law, public procurement and regulatory matters, while Salvatierra has over 25 years’ specialisation in public law matters pertaining to the electricity sector. José Antonio Bezada handles regulatory issues and litigation in the food and beverage or healthcare sectors. Jose Quintana arrived as an associate from an in-house role at INDECOPI in March 2021.

Key clients

Hydro Global Peru

Minera Vicus

Electrocentro

Empresa Agroindustrial La Punta

Corporación Lindley

Prosegur

Proseguridad

Nestle Marcas Perú

GW Yichang

Snacks América Latina

British American Tobacco del Perú

Universidad Privada del Norte

Optical Technologies

Desarrollos Terrestres

Work highlights

  • Advised Hydro Global Peru on the approval of the force majeure request submitted before the Ministry of Energy and Mines regarding the construction of the transmission line for the San Gaban III project.
  • Advised Corporación Lindley on getting INDECOPI to declare the restrictions imposed on the movement of cargo vehicles on metropolitan roads by Lima Metropolitan Government (Peru capital city), as illegal.

Philippi Prietocarrizosa Ferrero DU & Uria

Noted for its ‘speed and efficiency' in public law matters, Philippi Prietocarrizosa Ferrero DU & Uria has an impressive client roster featuring the Peruvian divisions of Uber, Telefónica and Mondelez, among many others. Project finance specialist Ronald Fernández-Dávila leads a team capable of handling contentious and advisory work relating to PPPs, public procurement processes and domestic infrastructure projects. The practice is also active in the aviation sector, with experience on aircraft lease registrations, code-sharing agreement approvals and operating permits. Principal associate and administrative expert Carlos González Prada, who is a ‘creative and well-connected attorney’ who specialises in sanctions and licensing, is another key contact.

Practice head(s):

Ronald Fernández-Dávila

Testimonials

‘The team has the technical knowledge and practical experience to address current and emerging needs.’

‘Principal associate Carlos Gonzalez Prada is an excellent, creative and well-connected attorney whose advice and legal assistance is accurate and timely, which facilitates decision-making without unnecessarily exposing himself to risk before the competent authorities.’

‘The PPU team is excellent in the solution and development of strategies to implement.’

‘Carlos Gonzales Prada and José Martin Aparicio both have the knowledge and the availability to solve the client requirements.’

‘The level of experience they have is super-useful for our business.’

‘Speed and efficiency. Always willing to collaborate with us.’

Key clients

Organization for Economic Co-operation and Development (OECD)

Uber Perú

AirBnB

Telefónica del Perú

Mondelez Perú

Alicorp

Aerovías de México (Aeromexico)

Seabord Overseas Perú

Mall Aventura

Latam Airlines Peru

Work highlights

  • Advised OECD on the preparation of the report “Fighting Bid Rigging in the Health Sector in Peru”, used by Peru’s Social Security agency to combat bid rigging.
  • Advised Telefónica on challenging the award of a P$46m public contract to Viettel Perú.
  • Advised JOKR on obtaining the necessary municipal permits and licenses for its successful start-up in Peru.

Rubio Leguía Normand

Rubio Leguía Normand is well-regarded by the market for its experience in large infrastructure projects, including energy, sanitation, road, education, and irrigation developments. The team advises public entities on the design of regulatory projects and acts for private companies on regulatory and compliance matters. Milagros Maraví  has considerable experience of public tenders and complex regulatory policy matters, as well as handling public contracts and administrative proceedings. Principal associates Arturo Ruiz and Milagros Maraví are also recommended; Ruiz for economic administrative law, water law, and registral and municipal law; and Mendoza for handling public procurement matters and his advice on large PPP projects.

Practice head(s):

Milagros Maraví

Testimonials

‘The firm provides timely and efficient advice.’

‘Good judgment and knowledge of the law.’

 

Key clients

Servicio de Agua Potable y Alcantarillado de Lima (SEDAPAL)

Everbridge INC

BERD – Projecto, Investigação E Engenhari De Pontes

Comité de Operación Económica del Sistema Interconectado Nacional (COES SINAC)

Work highlights

  • Advising Servicio de Agua Potable y Alcantarillado de Lima (SEDAPAL) on the expansion and improvement of the drinking water and sewerage system for the Pachacutec macro project in the district of Ventanilla.
  • Advising Everbridge INC on the implementation and start-up of the Emergency Early Alert Messaging System (SISMATE).
  • Advising Berd – Projecto, Investigação e Engenhari de Pontes on selection procedures convened by the state for the acquisition of modular bridges.

Santiváñez Abogados

Santiváñez Abogados has a strong focus on the energy, natural resources and power networks industries. Roberto SantivañezPaul Súmar and Fidel Rocha co-head a team adept at assisting with regulatory and public law matters for government and/or investment promotion agencies, as well as various state-owned and private companies and corporations. The practice has taken an active role in the development of Peruvian electric mobility policies, with clients also seeking advice on incentive schemes for vehicle purchases and the installation of recharging infrastructure. Other focus areas include overseeing public tender processes and administrative sanctioning.

Key clients

Proinversión

Ministerio de Energía y Minas

Consorcio Energético de Huancavelica (CONENHUA)

Electro Dunas

Statkraft

Electro Sur Este

Adinelsa

Electro Norte

Hidrandina

Electrocentro

Electro Nor Oeste

Empresa Regional de Servicio Público de Electricidad del Oriente

Bioenergía del Chira

Tarucani Generating Company

Work highlights

  • Advising on public tenders to select a renewable energy company that would be in charge of building a solar power plant and supplying solar energy to the towns of San Lorenzo, Nauta, Requena, Caballococha, Contamana, Lagunas, Tamshiyacu, El Estrecho and the city of Iquitos, all located within the Loreto region (Peru’s Amazon Rainforest).
  • Advising Electro Dunas in an administrative case brought before OSINERGMIN by Atria Energia in connection to the regulatory charges for the use of power utilities’ transmission and distribution infrastructure.
  • Advising Proinversión on all regulatory and public law issues related to the Piura-Nueva Frontera 500kV transmission line substation project.