García Sayán Abogados > Lima, Peru > Firm Profile

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

Peru > International trade (IT&C) Tier 2

García Sayán Abogados has a strong presence in this arena, acting for a broad array of national, regional and international companies on trade and customs matters. More specifically, mandates typically involve guiding clients through import duties, rules of origin and accumulation of origin matters, free trade agreements, anti-dumping and anti-dumping subsidy duties, and WTO litigation, among other matters. Notably, the team is instructed by various government bodies to advise in this regard. Practice head Diego Calmet has a rich pedigree in the field, previously holding various government and regulatory posts during his career: he is a former vice minister for Foreign Trade and past president of the Commission of Control of Dumping and Subsidies at INDECOPI. He now combines this practice with corporate and competition work and is a seasoned arbitrator. Associates of the practice include administrative and regulatory senior associate María Soledad Gastañeta, who is a key adviser.

Practice head(s):

Diego Calmet

Energy and natural resources > Hydrocarbons Tier 3

García Sayán Abogados has a solid practice and track record advising on the procurement and operation of oil-and-gas activities. More specifically, recent work includes licence contracts with the Government, corporate transactions, analysis of ownership titles, involvement with local communities and the impact on the environment, among other matters. The team acted for both Graña y Montero Petrolera and Cepsa Peruana on environmental matters this year, demonstrating the firm's high-calibre client-base. The versatile Alberto Varillas leads the practice, bringing valuable labour law and infrastructure capability to the team. Associate Samantha Boy has a noteworthy focus on this sector and advises on environmental and administrative law.

Practice head(s):

Alberto Varillas

Key clients

Savia Peru

Burlington Resources / Conoco Phillips

Frontera Energy Del Perú (formerly Pacific Stratus Energy Del Perú)

Graña y Montero Petrolera

Pluspetrol Peru Corporation

Geopark Peru

Procesadora De Gas Pariñas

Cepsa Peru

China National Petroleum Company

Sapet Development Peru

Schlumberg Del Peru

Baker Hughes

Stork Peru

Aguaytia Energy Del Peru

Siemens Energy

Work highlights

  • Conducted an environmental audit on behalf of Graña y Montero Petrolera regarding environmental obligations for the closure, decontamination and abandonment of a hydrocarbons’ lot, and assistance with the approval of the abandonment plan, submitted to the environmental hydrocarbons authority.
  • Advised Cepsa Peruana on an administrative fine imposed by the Environmental Enforcement Agency (OEFA) regarding different alleged infractions to the environmental legal framework; estimated amount of the fine is $197,000.
  • Advised Procesadora de Gas Pariñas on an analysis and update of the Environmental and Health and Safety Legal Matrix – with all the environmental and health and safety obligations issued by the Peruvian government applicable to the activities carried out by the company.

Peru > Environment Tier 3

García Sayán Abogados advises its extensive energy and natural resources client base on environmental obligations, be it administrative sanctioning proceedings, compliance audits, assessment plans or inter-company agreements, among other matters. The firm also specialises in companies in the food and beverage sector, as demonstrated by its work for Laive and Gate Gourmet. Partner advice is provided by Alberto Varillas, who specialises in the hydrocarbons sector, and Edgardo Portaro, whose strength lies in the environmental aspects of corporate transactions in the mining industry. Experienced senior associate Samantha Boy formerly held various posts at OEFA.

Practice head(s):

Alberto Varillas; Edgardo Portaro

Key clients

Compañía de Minas Buenaventura

Volcán Compañía Minera

Laive

Cepsa Peruana

Sociedad Minera El Brocal

Inversiones Benavides 777

Graña y Montero Petrolera

Procesadora de Gas Pariñas

Gate Gourmet Perú

Corporación Aceros Arequipa

Chemtrade (ENAEX)

Industrias Cachimayo

Lamor Perú

Frontera Energy del Perú (formerly Pacific Stratus Energy del Perú)

Pavco Perú (Mexichem Perú)

Buenaventura Ingenieros

Hotelera Costa del Pacífico

Ingram Micro

Work highlights

  • Advised Laive on an administrative sanctioning procedure filed by the Environmental Enforcement Agency (OEFA) regarding different alleged infractions to the environmental legal framework, successfully achieving the dismissal of all three allegations, thereby avoiding a fine of $60,000.
  • Conducted an environmental audit on behalf of Graña y Montero Petrolera regarding environmental obligations for the closure, decontamination and abandonment of a hydrocarbons’ block, as part of the efforts to gain approval of its site-abandonment plan.
  • Advising in-flight caterers Gate Gourmet Perú on a new solid waste management agreement for its solid waste (and airlines’ solid waste), complying with all environmental standards.

Peru > Banking and finance Tier 4

García Sayán Abogados typically acts on the borrower side on some high-value syndicated loans and other financial transactions, including project finance, security and trust agreements and capital markets. Clients range from large, domestic industrial, manufacturing and mining companies, including key client of the firm Volcan Compañía Minera, to international development banks and the Investment Fund for Developing Countries (IFU). Transactional specialist Luis Gastañeta, particularly experienced in international investment into Peru, co-leads the practice alongside fellow partners Alfonso Tola and Mario Ferrari, who bring valuable investment regulation and banking law expertise -respectively- to the team.

Practice head(s):

Luis Gastañeta; Alfonso Tola; Mario Ferrari

Key clients

Compañía de Minas Buenaventura

Empresa de Generación Huanza

Compañía Minera Condestable

Proveedora de Productos Marinos (Produmar)

Deutsche Investitions-und Entwicklungsgesellschaft mbH (DEG)

The Investment Fund for Developing Countries (IFU)

Altamesa Energy Canada

Volcan Compañía Minera

Work highlights

  • Advised Buenaventura (BVN) on the financial operation ‘Sindicado de Carta Fianza Garantía de Pago’, with a syndicate of local and foreign financial entities for an amount up to $615m.
  • Advised Empresa de Generación Huanza on the refinancing of its financial obligations with Banco de Crédito del Perú and the execution of the amendments to a leasing agreement, as well as amendments to security trusts managed by La Fiduciaria; total value $113m.
  • Advised seafood production company Proveedora de Productos Marinos  – Produmar (part of Profand Group) on the syndicated sustainable facility and bilateral credit lines granted to Grupo Profand and its affiliated companies by CaixaBank, Banco Bilbao Vizcaya Argentaria, Banco Santander and other financial entities; value $250m.

Peru > Corporate and M&A Tier 4

García Sayán Abogados boasts an extensive client list with notable strength in the mining, oil and gas, financial services, engineering/construction, food production and distribution sectors. The team represented long-standing client Compañía de Minas Buenaventura, one of Peru's largest mining companies, on the recent $8.6m sale of its zinc, lead and silver mine Unidad Minera Mallay. Luis Gastañeta heads the practice and many of the primary corporate mandates at the firm, while Shirley Cardenas is also in demand. Other key advisers include transaction specialist Alfonso Tola and senior associate María Soledad Gastañeta, praised by clients for her consistent availability.

Practice head(s):

Luis Gastaneta

Testimonials

The prestige of the firm in Peru is a strong point, in addition to being able to advise on several areas of law.’

Maria Soledad is very available.’

Key clients

Compañía de Minas Buenaventura

Volcan Compañía Minera

Cencosud Perú

The Investment Fund for

Developing Countries (IFU)

Bradken Perú

Ciena Communication del Perú

SSK Group

LAIVE

Gate Gourmet Peru

Ingram Micro

Stork Peru

Westfalia Fruit Peru

Siemens Energy

Work highlights

  • Represented Buenvaentura in the $8.6m sale of its mining unit Unidad Minera Mallay.
  • Advising Pacifico Compañía De Seguros y Reaseguros on a comprehensive project for the creation of a health and medical insurance company.
  • Representing Inversiones Benavides 777 in the renegotiation of multiple contracts as a result of the Covid-19 pandamic.

Peru > Dispute resolution Tier 4

García Sayán Abogados has a significant following among mining, energy and heavy industry companies, which it represents in a broad range of litigation but particularly regarding land rights, contractual disputes and debt recovery. Javier Villa Garcia leads on the vast number of mandates, including representing trophy client Compañia De Minas Buenaventura and its subsidiaries in various high-value disputes, such as land ownership and possession rights. He is supported as co-head of the practice by experienced senior associate Carlos Chavez, recently appointed as an arbitrator at the Lima Chamber of Commerce.

Practice head(s):

Javier Villa Garcia; Carlos Chavez

Testimonials

Highly-qualified, professionally and ethically. Experienced with a lot of knowledge of the sector. They provide very high quality advice, with excellent results for our company.’

Experience and efficiency when providing their services. Excellent service at a reasonable price. Much knowledge of the matter in litigation, excellent conduct in the courts and all positive results in favour of our company.

Key clients

Compañia De Minas Buenaventura and subsidiaries

Grupo Cencosud: Cencosud Retail Peru, Tres Palmeras, Cinco Robles and Cencosud Peru

Grupo Volcan: Volcan Compañía Minera, Empresa Administradora Cerro and Compañía Minera Chungar

Grupo Nexa: Nexa Resources Peru, Nexa Resources Cajamarquilla Minera Pampa De Cobre, Nexa Resources Atacocha and Nexa Resources El Porvenir

APM Edificaciones

Thyssenkrupp Elevadores

Sociedad Nacional De Industrias (SNI)

Grupo Savia (Offshore Exploration & Production)

Schlumberger Del Perú

Agrofoods Central Valley Chile

Work highlights

  • Representing the entire Cencosud Group in more than 25 civil and commercial judicial processes related to real estate, indemnifications, enforcement of contracts and nullities of administrative resolutions.
  • Acting for APM Edificaciones in a claim against the San Martin de Porres Private University regarding monies owed following construction of the main institutional campus.
  • Acting for several companies of the Buenaventura Group in multiple judicial processes where the right of ownership and/or possession of large areas of land adjacent or superimposed on mining concessions granted in favour of companies is in dispute.

Energy and natural resources > Mining Tier 4

García Sayán Abogados has an impressive following of mining companies, including some traditional majors such as Volcán Compañía Minera, Compañía de Minas Buenaventura and Compañía Minera Coimolache. It specialises in day-to-day advice on the commercial, contractual and regulatory aspects of mining activity, particularly the negotiation of contracts for exploration and exploitation, and also advises on issues related to peasant communities. Key contacts at the firm are Jose Miguel Morales, who is a commercial and mining law specialist, and corporate partner Edgardo Portaro. Three associates complete the team, among whom is María Soledad Gastañeta, who is very active in this field.

Practice head(s):

José Miguel Morales; Edgardo Portaro

Key clients

Volcán Compañía Minera

Compañía de Minas Buenaventura

Compañía Minera Coimolache

Minera La Zanja

Sociedad Minera El Brocal

Corporación Aceros Arequipa

Chemtrade (ENAEX)

Industrias Cachimayo

Contratistas San Martín Generales

Work highlights

  • Advising Compañía de Minas Buenaventura on the administrative procedures for obtaining explosives authorisations.
  • Acting for Compañía Minera Coimolache on the administrative procedures for obtaining storage, purchase and use of explosives authorisations to be issued by the National Superintendence of Security Services, Weapons, Ammunition and Explosives Control (SUCAMEC).
  • Acting for Compañía Minera Buenaventura on its registration as the general manager of the legal entity named Blenda Rubia N° 14 from Huancavelica.

Peru > Labour and employment Tier 4

García Sayán Abogados offers clients a well-resourced and experienced labour, immigration and social security advisory service.  While the firm advises a broad sector range of companies, its core clients include leading mining companies Compañia De Minas Buenaventura and Nexa Resources Peru. The decent-sized three partner, five associate team includes: Alberto Varillas, experienced in union negotiations and immigration; Jaime Durand, noted for his corporate support and litigious expertise; and Macarena Morales, whose practice includes pension and retirement regulations.

Practice head(s):

Jaime Durand; Alberto Varillas; Macarena Morales

Testimonials

It is a team with experience and a strong track record. They know their field and provide timely solutions to the problems raised by us.’

Quality of service, experience, timely support.’

The labour team is tremendously experienced. They are always very well informed.’

Alberto Varillas is a very experienced lawyer, very knowledgeable. His analysis and advice are always consistent and focused. He is very concerned with understanding the problem and proposing alternatives.’

The García Sayan team is highly integrated and focused on meeting the needs from the client’s perspective, so their advice is perfectly suited to our real need, providing the best solutions applicable to our reality and need, including labour prevention and compliance with the country’s regulations.’

The firm coordinates with the various specialists to give me a comprehensive answer on any labour issue that we should need. It also generates spaces for discussion that allow us to enrich ourselves with labour issues and the measures that we must take into account to prevent future situations.’

Key clients

Compañia De Minas Buenaventura

Nexa Resources Peru

Sociedad Minera El Brocal

Cencosud Peru

Gate Gourmet Peru

Ferrocarril Central Andino

Mexichem Peru

Ingram Micro

San Martin Contratistas Generales

Chemtrade

Bradken Peru

Hotelera Costa Del Pacifico

Thyssenkrupp Elevadores

Intel Semiconductores Del Peru

Tecnofarma

Stork Peru

Besco

Work highlights

  • Handling 333 judicial cases and 27 administrative sanctioning procedures on behalf of Nexa Resources Peru in relation to various matters, including challenges to dismissal, homologation of remuneration, and challenges to administrative decisions issued by the Labour Administrative Authority.
  • Representing Compañia De Minas Buenaventura, a mining company with 12,500 employees, in high-value occupational disease litigation, and in disciplinary administrative procedures before the Labour Administrative Authority in matters of safety and health at work.
  • Advised Hotelera Costa Del Pacifico (Swissotel Lima)  on the labour suspension of almost 300 hotel employees due to Covid-19.

 

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.

DepartmentNameEmailTelephone
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
Other fee-earners : 18
Spanish
English
Partners : 14
Of counsel : 4