Firm Profile > García Sayán Abogados > Lima, Peru

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

International trade (IT&C) Tier 2

International trade is a niche strength at García Sayán Abogados, where head of the practice Diego Calmet is vastly experienced off the back of an impressive resumé of former government and administrative roles. Previous positions include: vice minister for Foreign Trade, president of the Commission of Control of Dumping and Subsidies of INDECOPI, and main legal adviser to the Ministry of Economy and Finances. Supported by three associates, including experienced María Soledad Gastañeta, Calmet leads advice to importers, exporters and government bodies on a diverse range of issues, from anti-dumping and anti-subsidy duties, WTO litigation and free trade agreements, to import duties, rules of origin and accumulation of origin matters, among others. Clients include Procter & Gamble and Kimberly-Clark.

Practice head(s):

Key clients

Heaven Petroleum Corporation

Sucro Alcolera del Chira

Compañía Textil Nuevo Mundo

Industrias Nettalco

Chemtrade (Enaex)

Procter & Gamble

Kimberly Clark

Creditex

Topy Top

Sudamericana de Fibras

Environment Tier 3

García Sayán Abogados’ traditional strength in mining and energy has ensured its development of a credible environmental law offering over the years, as evidenced by its extensive client list. The firm advises on all aspects of environmental issues, from audits and corporate support through to sanctioning administrative proceedings and judicial litigation. Practice co-head Alberto Varillas is a specialist in oil-and-gas and environment law, while fellow co-head Edgardo Portaro, who joined from mining company Nyrstar in April 2019, leads on the corporate-support side. The team also expanded at associate level during 2019, hiring Jose Castillo from Environmental Enforcement Agency, OEFA.

Testimonials

García Sayán Abogados has accompanied us throughout an environmental inspection process, in which we have been able to demonstrate that we operate responsibly and in accordance with current environmental legislation. One of its main advantages is that lawyers there have been part of the Peruvian State government, and know about internal management.’

They are committed professionals with experience in the public sector, which I consider a plus when intervening on issues with the environmental inspector.’

 

Key clients

Volcán Compañía Minera

Compañía de Minas Buenaventura

Minera Aurífera Retamas

Cepsa Peruana

Sociedad Minera El Brocal

Savia Perú

Procesadora de Gas Pariñas

Graña y Montero Petrolera

Compañía Aceros Arequipa

Schlumberger del Perú

Gate Gourmet Perú

Chemtrade (ENAEX)

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

Consorcio Energético de Huancavelica

Thyssenkrupp Elevadores

Oil and gas Tier 3

García Sayán Abogados’ Alberto Varillas is an oil and gas specialist with a good deal of experience in the upstream and downstream industries, acting for domestic and international players. He heads a small but capable team on a broad spectrum of matters, from regulatory issues and administrative proceedings to corporate transactions in the sector. The firm recently advised a Canadian energy company on its acquisition of a domestic oil and gas company with the highest production of crude oil in Peru. Highly rated senior associate Nancy Ogata moved to Rubio Leguía Normand in March 2019.

Practice head(s):

Key clients

Graña y Montero Petrolera

Blue Pacific Oils

ChemTrade (Sigdo Coopers)

Midas Gas

Pluspetrol Norte

ConocoPhillips

Banking and finance Tier 4

García Sayán Abogados’ 'highly committed team’ acts for borrowers and lenders, particularly international development banks such as DEG (Germany), AFD (France) and FMO (the Netherlands), on a variety of mid-to-high value transactions. The compact but knowledgeable team provides an 'excellent service’ and is jointly led by: Luis Gastañeta, who has corporate and finance expertise, particularly within the mining, oil and power sectors - he recently led advice to mining company Sociedad Minera El Brocal on its $161m refinancing provided by Banco de Crédito del Perú; counsel Mario Ferrari, who brings many years' in-house banking experience to the offering; and Alfonso Tola, noted for his niche expertise in pension funds.

Testimonials

Highly-committed team, meeting deadlines according to expectations, good knowledge of the sectors that serve us (agriculture, logistics) and the relevant legislation.’

Luis Gastañeta and Alfonso Tola provide an excellent service, good response times, clarity in their responses and good judgment.’

Key clients

Deutsche Investitions- und Entwicklungsgesellschaft (DEG)

Agence Française de Developpement (AFD)

Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden (FMO)

Santander España

Listo TecnologÍa Perú

VII Capital Funds

Caja Rural De Ahorro y Credito CAT PERU

Faro Capital Sociedad Administradora de Fondos – Faro Capital

EDPYME GMG Servicios Perú

Corporate and M&A Tier 4

García Sayán Abogados joins the ranking following a good year in a difficult market, earning roles on some high-value transactions for large companies. It acted for Chilean retail group Cencosud Perú on its $100m joint venture with Scotiabank to convert Banco Cencosud into Caja Rural de Ahorro y Crédito CAT Peru, a deal led by Luis Gastañeta, who focuses on the corporate and financing aspects of foreign investment transactions. Other key partners of the team are: Manuel Gastañeta, who is recommended for capital markets work; Shirley Cardenas, who specialises in corporate reorganisations; and Alfonso Tola, noted for his technology law and finance experience.

Testimonials

The size of the firm allows different specialists to be linked together to review various topics.’

Strong points: approachable, customer service, commitment, knowledge of the law.’

Key clients

Compañía de Minas Buenaventura

Sociedad Minera El Brocal

Instituo Peruano de Administración Empresarial (IPAE)

SSK Ingenieria y Construcción

Blue Pacific Oils

Volcán

CJR Renewables Peru

Inversiones Benavides

Cencosud (and subsidiaries)

ChemTrade (part of Sigdo Coopers)

Clickdelivery

Quanta Services Peru

Proyecto ZUM

Dispute resolution Tier 4

García Sayán Abogados fields a five-strong team that is focused on litigation and arbitration in the mining, energy, hydrocarbon, banking and retail sectors. Indicative of the calibre of clients at the firm, Compania de Minas Buenaventura is a key provider of work, the firm advising on its battle with the State concerning contribution payments amounting to $80m demanded by regulators OEFA and OSINERGMIN. Javier Villa Garcia leads the practice and the bulk of matters, supported by fellow partner Agustín Yrigoyen. Carlos Chavez is an in-demand associate.

Practice head(s):

Testimonials

Their best points are their availability, commitment, technical knowledge, integration with different topics that may impact the process, service and security they give the client.’

Key clients

Compania de Minas Buenaventura (and subsidiaries)

Grupo Cencosud

Grupo Volcán

Grupo Nexa

Grupo Sigdo Koppers

Volvo Group

Sociedad Nacional de Industrias (SNI)

Grupo Savia

Caja Rural de Ahorro y Credito CAT Peru

Agrofoods Central Valley Chile

Labour and employment Tier 4

Traditionally strong in the mining and hydrocarbons sectors, García Sayán Abogados is able to service the labour law demands typical of such industries. The practice is particularly strong in contentious matters, both judicial and administrative, with niche expertise in social security and immigration law. The team partnership rose to three with the promotion of Macarena Morales to partner in April 2019, joining Alberto Varillas and Jaime Durand as the key practice contacts. Senior associate Claudia Seminario is an up-and-coming labour all-rounder.

Testimonials

It is a cohesive team with highly specialised skills within the area of labour law.’

The are able to provide business-orientated solutions. Alberto VarillasJaime Durand  and Claudia Seminario stand out in labour counselling, while Macarena Morales and Claudia Seminario are recommended specifically in labour proceedings.’

Key clients

Nexa Resources Peru

Cencosud Retail Peru

Compañia De Minas Buenaventura

Intel Corp.

Swissotel Lima (Hotelera Costa Del Pacifico)

Kingsley Gate Peru

Kingsley Gate Peru

Ferrocarril Central Andino

Thyssenkrupp Elevadores

Mining Tier 4

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.

Key clients

Compañía de Minas Buenaventura

Sociedad Minera El Brocal

Volcán Compañía Minera

 

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 Consultant
Miss Ximena Schmiel  photo Miss Ximena Schmiel Associate
Miss Karina Talledo  photo Miss Karina Talledo Associate
Mr Sergio Tejada  photo Mr Sergio Tejada Associate
Mr Alonso Villa Garcia  photo Mr Alonso Villa Garcia Associate
Mr Felipe del Aguila  photo Mr Felipe del Aguila Senior Associate
Other fee-earners : 18
Spanish
English
Partners : 14
Of counsel : 4