Firm Profile > García Sayán Abogados > Lima, Peru

García Sayán Abogados
AVENIDA REDUCTO, NO. 1310
7TH FLOOR
LIMA 18
Peru

Oil and gas Tier 2

García Sayán Abogados advises on all contracts and concessions for exploration and exploitation, as well as storage, transport and distribution matters. Currently, it is particularly active representing clients in contentious issues, such as the defence of administrative complaints regarding environmental and technical issues. In this regard, it recently won two administrative procedures on behalf of key client of the practice, Graña y Montero Petrolera in the Appeals Court for Sanctions in Energy and Mines, following fines imposed by OSINERGMIN relating to minimum reserves of liquid petroleum gas. The advice was led by head of the practice Alberto Varillas. Former senior associate Nancy Ogata moved to Rubio Leguía Normand.

Environment Tier 3

García Sayán Abogados advises its enviable mining and energy client base on the entire spectrum of environmental issues, including sanction prevention audits and the criminal aspects of regulatory infringements. It's 'very well structured team' is highlighted for its technical knowledge, professionalism and customer service, and recent mandates include acting for Minas Buenaventura in an administrative sanctioning procedure before OEFA. The team also advises companies from the industrial and agriculture sectors on regulatory requirements. Alberto Varillas now heads the practice alone following the departure of co-head Diego Grisolle to  Rubio Leguía Normand.

Mining Tier 3

A mixed year for García Sayán Abogados saw the departure of its head of practice, Diego Grisolle to rival firm Rubio Leguía Normand, and the recruitment of new partner Edgardo Portaro, the former general counsel at mining company Nyrstar. The firm also boosted its team at associate level with two lateral hires. A raft of significant mining companies instruct the firm on a full range of commercial, contractual and regulatory matters, including exploration and exploitation contracts and the management of issues with local rural communities. Recent mandates included advising for Pucará Resources on the negotiation and execution of an assignment agreement concerning the mining concessions of the SantoTomás Project. Other clients of the practice include Compañía de Minas Buenaventura, Southern Peaks Mining, Volcán Compañía Minera and recent gains Nueva Granada Gold Corp and Quantica Inversiones.

Banking and finance Tier 4

The 'superbly co-ordinated' offering at García Sayán Abogados is managed by Luis Gastañeta, a 'highly-experienced attorney' whom clients are 'grateful' to have by their side. The firm's recent deal list -broad in both type and value- included local advice to Frontera Energy and subsidiary Pacific Stratus Energy del Perú on the former's $350m bond offering, co-ordinated by Bank of America Merrill Lynch, et al. With the promotion of Alfonso Tola and Shirley Cardenas, the team now boasts three partners, while associate María Soledad Gastañeta stands out for her 'fantastic attention to detail'.

Dispute resolution Tier 4

García Sayán Abogados is particularly recognised for its contentious work in the mining, energy, hydrocarbon, banking and retail sectors, where it undertakes both litigation arbitration (domestic and international). High-profile practitoner Javier Villa Garcia is head of the practice, with key support coming from Agustín Yrigoyen, a 'very detail-oriented, reliable and responsive  lawyer'. The firm recently won a $20m arbitration on behalf of Compañía Minera Chungar and Volcan against Odebrecht Energia del Peru and Odebrecht Participacoes e Investimentos. Representative clients include Buenaventura Group and Volcan Compañía Minera -both clients for over 20 years- Volvo Group and SGS Société Générale de Surveillance.

Labour and employment Tier 4

García Sayán Abogados handles large volumes of contentious labour claims for significant companies, particularly from the mining, oil and gas and retail sectors; they include Compañía de Minas Buenaventura -where the value of claims is in excess of $10m; and Cencosud Peru. Highlight mandates saw the team obtain a favourable Supreme Court ruling in a long-running, income tax claim by a trade union (value over $5m), on behalf of Volcan Cia. The well-resourced team is led by experienced partners Jaime Durand and Alberto Varillas, who are supported by the newly made-up Macarena Morales. Associate Sara Kalinicos is also noted.

 

Garcia Sayan Abogados is one of the best known Peruvian law firms, with a long standing reputation of integrity and excellence. Its founder members were highly distinguished lawyers who worked in Lima since 1888. The firm provides first-class legal service in all areas of the law, primarily on corporate matters, compliance, civil law, taxation, hydrocarbons, energy and mining law, litigation (in court, administrative and arbitration), labor, foreign trade, immigration, environmental, patents and trademarks and competition law. It is especially active in international financial transactions and, in general, in issues related to domestic and international securities and capital markets. Garcia Sayan Abogados is the only Peruvian member of Meritas, the largest worldwide affiliation of independent law firms. It is also an active member of the International Bar Association (IBA), the Asociacion Interamericana de Propiedad Industrial (ASIPI), the International Trademark Association (INTA) and the International Fiscal Association (IFA). Locally, it is member of the American, British, Chinese and Chilean Chambers of Commerce and other representative business associations. It is listed and ranked in various international law directories such as Latin Lawyer, Chambers & Partners, IFLR 1000, Latin Lawyer and other specialized publications. Its main areas of practice are: corporate matters; corporate finance, securities and capital markets; compliance; mining, energy and hydrocarbons; foreign trade; intellectual property; corporate criminal law; labor law, taxation.

International work

LDLM Investment LLC (a company incorporated in the United States of America), legal assistance in the partnership with Compania Cervecerias Unidas S.A. / Compania Pisquera de Chile S.A. (companies incorporated in the Republic of Chile) in Americas Distilling Investments LLC, owner of the pisco brand BarSol; Camet Trading S.A.C., a Peruvian company leader in the trading of Hass avocado, legal advice in the partnership with Westfalia Fruit International Limited (a company incorporated in the United Kingdom); Industrias del Espino S.A. , the major biodiesel producer in Peru. That had closed its factory in 2014 due to the subsidized and dumped biodiesel exported to Peru by Argentinian producers, legal advice in 2 processes, one for anti-dumping measures and the other for countervailing duties. After two years of litigation before the national authority (INDECOPI), and with an active defense of the Argentinian government and biodiesel exporters, the firm won both cases. The Peruvian government applied very important antidumping and countervailing duties against Argentinian biodiesel. Imports of Argentinian biodiesel in 2016 was equivalent to US$1,250m; Fundacion Obra Pia Jose Maria Sancho Davila, legal assistance before the Supervisory Board of Foundations to carry out the sale of two properties owned by it. This advice involved the update of the registry of properties to be sold as well as all the actions before the Supervisory Board of Foundations in order to obtain the pertinent resolutions for its sale. Value US$ 2.375m; Grana y Montero Petrolera S.A., legal assistance in two administrative procedures against the Appeals Court for Sanctions in Energy and Mines, from OSINERGMIN, demonstrating that Grana y Montero Petrolera S.A. had not committed an administrative infraction regarding compliance of minimum reserves of Liquid Petroleum Gas established by Peruvian legislation; by winning both administrative procedures, both fines were annulled; Quanta Services Inc. and subsidiary Servicios de Infraestructura del Peru (SIP); advice in the purchase made by SIP of the 50% of the participations of Redes Andinas de Comunicaciones S.R.L. (“Redes”), a Peruvian sociedad comercial de responsabilidad limitada, owned by Winner Systems S.A.C. The transfer of one half of such participations was perfected at the time the sale and purchase agreement was signed, while the transfer of the other 50% is subject to the consent of the Fondo de Inversion en Telecomunicaciones (“FITEL”), a Peruvian governmental agency. Winner is the operator of Redes in the financing agreement entered by Redes with FITEL in connection with the Cajamarca and Piura Tumbes regional telecom projects in Peru awarded in December of 2015. In connection therewith, the teaming agreement among Winner, SIP and Quanta Peru, the joint venture operating agreement among Winner, SIP and RAC, the telecom operations services agreement between Winner and RAC and the indemnity agreement between Winner and SIP, all of them coming from December 2015 were terminated. Likewise, Redes bylaws were completely amended to reflect that SIP has the control of REDES and that Winner profits are limited to certain amount until Fitel’s consent is obtained. Value: Confidential; Compania de Minas Buenaventura S.A.A. and subsidiary Sociedad Minera El Brocal S.A.A, advice in drafting and closing certain agreements whereby Buenaventura will provide audit services and compliance services to Brocal and will take charge of the sale of Brocal mineral production; Inversiones Benavides 777 and Shareholders; legal assistance in the sale of its shareholding in Inversiones La Rioja S.A., including the stock purchase agreement and a trust agreement. Value: US$ 48m Private Shareholder, legal assistance in the negotiation of the sale contract of shares of a private shareholder that represents 8.44% of total Class A shares of Volcan Compania Minera S.A.A. The purchaser was Glencore International AG. and the transaction took place in a public offer in the Lima Stock Exchange. Value: US$ 167m; Instituto Peruano de Accion Empresarial – IPAE, legal assistance in the sale of the shares of the Servicio Educativo Empresarial S.A.C. (20%). As part of the transaction, the firm advised IPAE in the extrajudicial settlement agreement and thus avoid complaint of the purchaser against IPAE about indemnity for US$ 2.5m, US$ 6.53m plus other economic obligations.

Department Name Email Telephone
Corporate finance, securities, banking and finance Luis Gastañeta Alayza
Corporate finance, securities, banking and finance Manuel Gastañeta Carrillo de Albornoz
Mining José Miguel Morales
Mining Edgardo Portaro
Energy and hydrocarbons Alberto Varillas
Foreign trade and corporate criminal Diego Calmet
Intellectual property and labor Jaime Durand
Tax Alfredo Gastañeta
Tax Rossana Rodríguez
Environmental Alberto Varillas
Public Agustin Yrigoyen
Public Javier Villa Garcia
Banking and Corporate Alfonso Tola
Labor Macarena Morales
Compliance and Corporate Shirley Cárdenas
Photo Name Position Profile
Miss Samantha Boy  photo Miss Samantha Boy
Mr Mario Ferrari  photo Mr Mario Ferrari
Ms Sara Kalinicos  photo Ms Sara Kalinicos
Miss Ximena Schmiel  photo Miss Ximena Schmiel
Miss Karina Talledo  photo Miss Karina Talledo
Mr Sergio Tejada  photo Mr Sergio Tejada
Mr Alonso Villa Garcia  photo Mr Alonso Villa Garcia
Mr Felipe del Aguila  photo Mr Felipe del Aguila
Mr jose piedra  photo Mr jose piedra
Mr Poul ponce  photo Mr Poul ponce
Other fee-earners : 18
Spanish
English
Partners : 14
Of counsel : 4