CMS Grau > Lima, Peru > Firm Profile

CMS Grau
AV. SANTA MARÍA 110
MIRAFLORES
LIMA 18
Peru

Energy and natural resources > Hydrocarbons Tier 1

Dominant locally and globally in the oil and gas arena, CMS Grau advises major IOCs, NOCs and service providers on their Peruvian and regional activities, be it exploration, production, gas transmission and distribution, or refining. The impressive and extensive client roster includes Shell Operaciones Perú, BP Exploration Operating Company, Enagás Internacional and Petroperú, recently advising the latter on negotiation with Perupetro regarding the on-shore exploitation contract of Block 192, Peru’s highest oil-producing block, as well as other exploitation opportunities. A line-up of three seasoned partners includes co-heads of the practice Carlos Hamann and Augusto Astorga, who bring additional arbitration and commercial-contracts expertise, respectively, to the practice; and Ramón Huapaya, a public services regulation, concessions and infrastructure specialist. A five-strong associate team includes Jesús Abanto, who previously worked at energy regulator OSINERGMIN.

Practice head(s):

Carlos Hamann; Augusto Astorga

Testimonials

It is our leading firm in this area and we are very satisfied with the service. It stands out from the rest for the experience and certainty of the issues handled by the main partners. The quality of work and timely response to emergencies are also an important reliability factor.’

Quality, expert knowledge and experience with the guarantee of knowing that a partner is really in charge and fully involved in our issues. In our case, Carlos Hamann is the direct contact. Ramon Huapaya, from his expert knowledge of administrative law, provides the necessary support to address the complexities of the administrative fabric of Peru and successfully overcome it.

They are specialised lawyers with a lot of experience in energy and administrative law.’

Augusto Astorga has extensive experience in hydrocarbon projects; Ramon Huapaya for administrative law.’

The energy team at Grau in Peru is highly competent, both in technical-legal performance and in relation to Peruvian stakeholders.’

Carlos Hamann and Jesus Avanto are extraordinary lawyers, very aware of the concerns of their clients.’

The practice of the hydrocarbons and natural resources team of CMS Grau is the best in the market. We work with attorney Augusto Astorga, who is a partner of the firm and has full knowledge of all stages of the production, transportation and distribution industry. In addition, due to years of experience in providing advice to the main companies in the sector, it maintains a historical knowledge of how each antecedent was negotiated. The team that supports Augusto also demonstrates knowledge of the subject and provides timely and complete attention to any queries that we may formulate.’

In the first place we can mention Augusto Astorga, whose capacities in regulatory knowledge of the hydrocarbons sector distinguishes him from other lawyers in the market, since he not only knows the sectorial regulations, but also knows the state agencies involved and has a extensive knowledge of current civil law, which is applied to sectorial problems with skill.’

Key clients

Enagás Internacional

BP Exploration Operating Company

Petróleos del Perú (Petropetrú)

Schlumberger del Perú

Tullow Oil

Baker Hughes International Operations

Shell Operaciones Perú

SCDM Energy

CNPC Peru (Chinese NOC subsidiary)

Pluspetrol Perú Corporation

Peru LNG  (Hunt Oil operated)

Transportadora de Gas del Perú

Repsol – Refinería la Pampilla

Perenco

International Naval Surveys Bureau – INSB Class

Graña y Montero Petrolera (GMP)

Consorcio Terminales/Terminales del Perú (GMP + Oiltanking)

Savia Perú (KNOC & Ecopetrol)

Compañía Operadora de Gas del Amazonas – COGA

Olympic Peru Inc (sucursal del Perú)

Petrolera Monterrico

T-Rex Engineering & Construction

Gases del Norte del Perú  (GASNORP)

SK Innovation (sucursal Peruana)

Okra Energy

Repsol Exploración (sucursal del Perú)

TASA

Work highlights

  • Advised Petroperú on the negotiation with Perupetro regarding the on-shore exploitation contract of Block 192, Peru’s highest oil-producing block, and in the process of taking over the 100% participating interest in Block 64 license contract after the current operator, Geopark, served a withdrawal notice in July 2020.
  • Assisted Compañía Operadora de Gas – COGA to draft, tender and subscribe to a major agreement for pipeline maintenance and response to operational emergencies that was awarded to a consortium conformed by Stork and SICIM.
  • Advising Norwegian financial services company Pareto Securities on structuring an international bond issue for Canadian petroleum company Petrotal Corp, whose principal activities are located at Block 95 and are carried out through its Peruvian subsidiary, Petrotal Peru.

Peru > Real estate Tier 1

An impressive bank of public and private sector clients at CMS Grau demonstrate the depth of the expertise at the office. The team specialises in advising organisations with extensive property needs, such as energy and mining companies, domestic conglomerates, manufacturers, producers and government bodies. In terms of work mandates, it boasts a considerable track record of urban and rural development projects including major infrastructure, land transactions and land remediation, for example. High-profile real estate lawyer Raúl Ravina is leading advice to Provias Nacional, the government agency in charge of managing the national road network, on five infrastructure road projects, having won the client following competitive tender. Ravina co-leads the practice alongside the much-praised Carolina Gajate, client partner to Falabella Group among others, while a 15-strong associate team includes stand out individuals Juan Pulgar-Vidal, Patricia Camacho and the more junior Roberth Rojas.

Practice head(s):

Raúl Ravina; Carolina Gajate

Testimonials

Excellent team, both professionally and personally. Experts in their subject.

Juan Pulgar Vidal is very pragmatic and highly intelligent in handling situations. Raúl Ravina is one of the best real estate lawyers in Peru.’

Their knowledge and good practices agree with the philosophy of our company – very clear ethical principles, focused on taking care of the reputation of the client, doing simple and practical things always with a long-term perspective.

The plus is the value of the contracts over time, the work well done and of quality, lasts in the long term; the client feels supported for all their commercial relationships. The partners I can highlight: Carolina Gajate, Juan Carlos Escudero, Michelle Barclay –  all of them recommended for good, timely advice in a difficult decision-making situations.’

It is a team with very good management of issues related to access to land for the development of projects, specifically in land issues for mining projects. They have the advantage of having several specialised professionals with experience in advising emblematic companies. Strong sector ethics. In my opinion, CMS Grau has the most complete team in the country’s real estate market due to its level of experience, its interdisciplinary knowledge and its understanding of the client’s needs.

I consider that its greatest virtue is the quality and number of specialists in property issues. In the specific case of Raul Ravina, he has vast academic and practical management in real estate issues at a legal and social level, in different projects related to the exploitation of natural resources in the country. Of his colleagues, Juan Pulgar Vidal is recommended for his high experience in mining issues, as well as Roberth Rojas in negotiation issues, and Patricia Camacho is specialised in the analysis of property requirements.’

They are a team committed to achieving their clients’ goals within the established deadlines. They are people with very high knowledge in land matters, I would bet to say the best advisers in this task at a national level. Their dedication is 100% at all times and always with a very good disposition, and above all, always giving options and solutions to problems that arise. A team that is capable, very organised and willing. ‘

Very respectful, 24/7 attention, they always answer calls, very attentive, full availability, full knowledge of the issues, short, medium and long-term solutions, serenity in adverse situations. I had the opportunity to work on the same subject with another firm, and the truth was that they were so technical it was impossible to understand them. In contrast, CMS Grau explains everything in a very simple way, depending on the audience. The attorneys who have really been excellent and on top of the work for our firm are Raúl Ravina and Roberth Rojas.

Key clients

Enel Green Power Perú

Caral Group

Falabella Group

Minera Las Bambas (owned by consortium led by MMG)

Provias Nacional

Transportadora de Gas del Perú

Alicorp

Anglo American Quellaveco

Graña y Montero Petrolera

Tubos y Perfiles Metálicos

Engie Energía Perú

Gases del Norte del Peru

Inversiones San Borja

Boloña Family

Queirolo Group

Soluciones Inmobiliarias Morada

Fondos Sura

Government of The Netherlands

Work highlights

  • Ongoing advice to Minera Las Bambas, including property clearance, negotiation strategy and land acquisition for the copper mega-project Las Bambas.
  • Advising Fondos Sura and its investment funds in the preparation, negotiation, modification and subscription of lease contracts for commercial premises, offices, parking lots and warehouses in different business centres.
  • Acting for Provias Nacional (government agency in charge of managing the national road network) in highly competitive public tenders, including advice on the acquisition of properties related to five major infrastructure road projects which involves an investment of millions of dollars.

Peru > Bankruptcy and restructuring Tier 2

CMS Grau excels in international and cross border insolvencies, where practice head Michelle Barclay is a leading light on Chapter 11 bankruptcy proceedings. Building on experience and exposure gained acting for William Brandt as Chapter 11 Trustee of the ongoing China Fishery case, she is now leading advice to creditors in both the LATAM Airlines and Avianca Chapter 11 bankruptcy matters. The team's work for Enagás in the Gasoducto Sur Peruano matter demonstrates its energy-sector expertise. The seven-lawyer team also includes banking and finance partner Miguel Viale and the increasingly experienced Victor Farro, promoted to counsel in 2021.

Practice head(s):

Michelle Barclay Thorne

Testimonials

CMS Grau -and particularly Michelle Barclay- has expert knowledge of bankruptcy procedures and analyses all the related points and defines clear strategies in a timely manner.’

They know a lot about the case that we are instructing them on.

The firm is very well connected and they know the subject well; they are very professional and they are always available.’

Key clients

William Brandt (Development Specialists) as Chapter 11 Trustee of China Fishery

Depósitos Químicos Mineros (Odfjell Terminals)

Enagás

Inversiones Corporativas Gamma

Creditors in the  LATAM  Airlines (Chapter 11 case)

Creditors in the Avianca (Chapter 11 case)

Work highlights

  • Retained by William Brandt as Chapter 11 Trustee of China Fishery, to provide advice in a complex bankruptcy Chapter 11 (reorganisation) case in New Yorkl the company’s main assets are located in Peru.
  • Advising Enagás and Enagás Peru on the Gasoducto Sur Peruano (Southern Gas Pipeine) bankruptcy case regarding the termination of the concession contract by the Peruvian government.
  • Acting for significant creditors in the LATAM Airlines and Avianca Chapter 11 cases and dealing with Chapter 11 issues, cross-border insolvency matters and local insolvency proceedings.

Peru > Compliance Tier 2

The practice at CMS Grau continues to grow in stature, attracting several new clients such as Cementos Pacasmayo, Indeco (Nexans) and Centria (part of Grupo Breca). The head of the practice and former criminal litigator Carolina Cueva was rewarded with partnership in December 2020 as a result. The highly-specialist practice is distinguished by its ability to establish comprehensive compliance management systems for clients, combining technical know-how with legal expertise, but it also handles internal investigations and anti-corruption and anti-money laundering due diligence, among other matters. Notably, it also offers a regional compliance service via the firm's offices across Latin America. Cueva leads a small team of associates backed by multidisciplinary input from across the firm in areas such as antitrust and corporate.

Practice head(s):

Carolina Cueva

Testimonials

What makes this practice unique is Carolina Cueva and her team’s knowledge of compliance issues. In addition, they have access to new trends through the CMS and AENOR networks, which allows them to give excellent advice and training to our staff.’

The entire team is good but the one who makes them stand out is Carolina Cueva for her knowledge and teaching skills.’

Key clients

Cementos Pacasmayo

Indeco (Nexans)

Centria (Grupo Breca)

Indeco (A Nexans Group Company)

Consorcio Wayra

CAP/Cintac Group

OHL Construcción

OIG Group

Enagás Perú

Gold Fields La Cima

Ferrovial Agroman Sucursal del Perú

Hudbay Perú

Unicon

COFIDE

Telefónica del Peru

Compañía Minera Antamina

Work highlights

  • Advising cable producer Indeco on the design and implementation of its compliance programme in accordance with local regulations, while also attending to the corporation’s other compliance needs.
  • Developing an internal three-month training programme for the entire organisation of Cementos Pacasmayo in accordance with their compliance programme.
  • Worked alongside the management systems team at Gold Fields La Cima to design and implement the ISO 37001 standard within the organisation.

Energy and natural resources > Mining Tier 2

A market leader for property-rights issues within the mining sector, CMS Grau is also experienced in the full suite of legal matters facing the industry, from corporate and business strategy and financing, through to project development and conflicts. The firm reports a busy year advising its high-calibre client base on Covid-related regulations and implications, including the donation of oxygen to public medical centres of local communities. In contrast, it is also acting for Macusani Yellowcake, a subsidiary of Plateau Energy Metals, on the defence of 32 of its mining titles against forfeiture attempted by the Peruvian mining authorities. The practice benefits from the skill of five partners, led by the very experienced Cecilia Gonzales and including: Liliana Pautrat who is highly focused on the exploration, exploitation, processing and mining transport activities of operations; mining M&A and finance partner Marité Aragaki; and former in-house mining lawyer, Raúl Ferreryra.

Practice head(s):

Cecilia Gonzales; Miguel Grau

Testimonials

They have experience and detailed knowledge of environmental and mining regulations. I highlight the level of persistence and resources to reverse the most complex and unpredictable situations that occur in our legislation.’

Direct involvement in the matters is a strength. Raul Ferrero knows the sector and the applicable regulations broadly, providing various legal alternatives with a risk analysis that allows you to always make the best decision. Liliana Pautrat has the ability to make the most complex cases simple and facilitates the ability to present these cases to the highest levels of the company. Her experience and knowledge of the mining sector guarantees choosing the most correct and simple way to solve the most complex problems that arise.’

CMS Grau is one of the oldest firms with a mining practice in Peru, but it has maintained that strength with subsequent generations. In this sense, any company would have the support of a senior partner such as Cecilia Gonzáles and other partners such as Raúl Ferreyra. CMS Grau’s level of specialisation in the mining and extractive sector is super-high and, consequently, provides a specialised service and in-depth knowledge of the industry.’

CMS Grau’s lawyers have a high level of specialisation in matters related to mining activities, an aspect that I consider to be a plus. Its knowledge is not only limited to understanding and managing the legal aspect but, above all, understanding how the mining industry works, offering real solutions. In addition, they are lawyers (Raul Ferreyra and Marite Aragaki) who have academic specialisations at international universities, which gives you not only academic knowledge but also to be part of an international network of professionals in the sector.’

Complete analysis of regulatory issues.’

Liliana Pautrat has great capacity for analysis and support in solving complex problems.’

Key clients

Palamina

Mountain Minerals Perú

Dundee Resources

Hannan Metals

Goldfields La Cima

Solaris Resources (Formerly Lowell Copper)

Anglo American

Rio Tinto

Nexa Resources Perú

Sumitomo Metals Mining Perú

Minera Las Bambas

Compañía de Minas Buenaventura

Macusani Yellowcake

Wheaton Precious Metals

Compañía Minera Santa Luisa

Compañía Minera Lincuna

Humon Latin America

Inversiones y Asesoría Prima

Osisko Gold Royalties

Work highlights

  • Advising Macusani Yellowcake on the defence of 32 of its mining titles against forfeiture attempts by the Peruvian mining authorities, a potential precedent setting case for future investments in the country.
  • Advising multiple clients in the mining sector on Covid-19-related matters, including health and safety plans to commence operations in due course after the general lockdown.
  • Advising Osisko Gold Royalties on a cross-border strategic partnership with Regulus Resources, including identifying relevant provisions and covenants to be included in Peruvian and Canadian agreements and related documents implementing this transaction.

Peru > Environment Tier 2

Strong across the board in energy and natural resources, CMS Grau has the necessary environmental expertise its high-calibre client base demands. With one of the most established, dedicated teams in the market, it boasts an extensive array of top-drawer clients, not just from the energy and utility sectors but extended to major manufacturers Kimberly-Clark, Arca Continental Lindley and AB Inbev (Backus Perú and Bavaria in Colombia). The firm’s innovative environmental-compliance software solution, “GEORGE”, continues to benefit clients, most recently being rolled out to natural gas transportation company COGA. Head of the practice Vito Verna is a full-time environmental partner, a rare commodity in Peru. He leads a team of five associates among whom former Delapuente partner, Nicole Freire, who arrived as a senior in April 2021, and experienced semi-senior Víctor La Madrid, are particulalry noteworthy.

Practice head(s):

Vito Verna

Testimonials

They manage “George” software, which makes their practice unique in the sense that they have technological support to carry out their activities.’

Vito Verna knows the sector and has extensive knowledge of environmental regulation.’

Compares favourably with teams from other law firms. It stands out from other teams I know.’

CMS Grau has provided a fairly fluid and concrete communication, being transparent in meeting the proposed deadlines and providing communication facilities.

Knowledge of the specialised subject in environmental matters and occupational health and safety. Experienced, with availability of partners when required.’

In simplicity, knowledge and experience. Vito Verna and Lucia Gonzales Stand out.’

Key clients

Compañía De Minas Buenaventura

Arca Continental Lindley (bottler of The Coca-Cola Company)

Kimberly-Clark

Pan American Silver

Sociedad Nacional De Minería, Petróleo Y Energía

Famesa

Minera Las Bambas (MMG)

Copasa

Terpel (Empresa De Distribución De Hidrocarburos)

COGA (Camisea Pipeline operator – TGP)

Anglo American (Mina Quellaveco)

Compañía Minera Antamina

AB Inbev (Backus Perú Y Bavaria En Colombia)

Minera Bateas (Fortuna Silver Mines)

Minera Chinalco

Goldfiels

Hudbay Minerals (Mina Constancia)

Impala Terminals (Transfigura)

Komatsu

Lima Airport Partners (LAP)

Minsur

Nexa Resources

Rio Tinto

San Martin

Savia Perú

Tecnológica De Alimentos (TASA)

Unacem

Unicon

AGP Glass

BASF

Cobra

EXSA

Hipermercados Tottus

Quimtia

Weir Minerals Perú

Work highlights

  • Advised TASA on the procedure for approval of the amendments of its impact study, which required a prior favourable opinion of the State’s Service for Natural Protected Areas (SERNANP).
  • Providing Compania Operadora de Gas del Amazonas (COGA) with the firm’s “GEORGE” software solution service for the automated, real-time and remote identification of its legal requirements in respect of environmental and occupational health and safety matters.
  • Advising Kimberly-Clark in diverse matters including on environment and occupational health and safety, a corrective action plan in order to optimise its environmental legal compliance system and on its legal defence of administrative sanctioning processes initiated by OEFA.

Peru > Public law and regulation Tier 2

Ramón Huapaya at CMS Grau is highly respected by peers and clients for his knowledge and experience in this arena, more specifically in relation to administrative proceedings in the power, oil and gas and telecoms sectors. The practice also handles wider regulatory matters, public procurement and general public contracts, for example, acting for General Electric (GE) Healthcare among others on an ongoing basis in this regard. Huapaya's 'right hand' is very capable senior associate Nestor Shimabukuro, who leads on some mandates and is highly focused in this area, while the more junior Oscar Alejos is also a key team member.

Practice head(s):

Ramón Huapaya

Key clients

General Electric (GE) Healthcare

Refinería la Pampilla (Repsol)

Luz del Sur

Enel Distribución

Entel Peru

Savia Peru

Solgas

Petroperu

Work highlights

  • Regular advice to General Electric (GE) Healthcare on public procurement matters, from their participation in public bids to the defence of administrative arbitration, including a recent breach of contract dispute against public health entity INEN.
  • Representing Refinería la Pampilla (Repsol) in a complaint filed against the Ministry of Energy and Mines before INDECOPI concerning the requirement to maintain minimum fuel-stock levels as a preventive measure, reaching a favourable decision at INDECOPI’s Tribunal which applies to the entire industry.
  • Advising various telecoms companies on their administrative sanctioning procedures before telecommunications agency OSIPTEL and in dispute resolution with other public entities.

Peru > Banking and finance Tier 3

A comprehensive offering at CMS Grau provides solid capability across all types of financing, with specialist expertise in mining projects, energy, infrastructure investments and concessions, real estate and retail financing. Managing partner Juan Carlos Escudero oversees the practice alongside Diego Peschiera, a banking and finance specialist with considerable expertise across a broad range of financial matters. Peschiera led advice to Chilean private fund Volcom Capital on $200m-worth of loans and refinancing on behalf of a portfolio of companies during the past year. The team also includes the talents of Miguel Viale, who takes the lead in multiple deal highlights at the firm.

Practice head(s):

Juan Carlos Escudero; Diego Peschiera

Testimonials

Diego Peschiera is one of the top lawyers in Peru in his field. I believe that the firm compares well above many other firms.’

Diego Peschiera is super smart, pays a lot of attention to detail and is always looking for creative solutions in order to close a deal.’

‘CMS Grau differs from other firms due to the willingness of its team to close contracts quickly, assess the problems of the parties and offer innovative solutions. At the same time, it is a firm that often presents observations to the situation that the other parties had not considered, thus achieving a more solid document. This particularly relates to Miguel Viale.’

We rate their legal documentation that supports the approved credit facilities, contracts, promissory notes and bonds for operations approved to clients in Peru. Excellent care compared to other firms.’

The attention that the law firm maintains with its counterparts is something to highlight. Diego Peschiera is the one who manages our relationship.’

Key clients

Towerbank International

BBVA

Banco Santander

Development Bank of Latin America (CAF)

Banco Internacional del Perú  – Interbank

Mizuho Bank (New York and UK)

Credicorp Capital

Scotiabank Peru

Grupo El Comercio

Transelec

Work highlights

  • Advised Chilean private fund Volcom Capital with respect to various loans and refinancings (totalling $200m), granted to a variety of Peruvian companies, including Arte Express (real estate), Oporsa (logistics), Llaxta (real estate), Esmetal (producer of structures for heavy industry) and Avla Seguros (insurance).
  • Advising CAF and DEG on the renegotiation of the terms and conditions of the La Virgen project financing.
  • Acted for Interbank on the due diligence and financing of Tambo, a 400-store convenience retail chain founded by the Great Retail Group (owned by the Lindley family).

Peru > Competition and antitrust Tier 3

CMS Grau is particularly strong on advertising law and consumer protection, handling an array of contentious and non-contentious matters across a broad variety of sectors, including retail, banks and airlines. The team is well-placed to capitalise on future merger control work following introduction of new legislation in Peru in 2021, due to its extensive international network of offices and resulting know-how and experience of colleagues abroad. Head of practice Maria Delia Oxley leads the vast majority of key matters within the practice, while co-head Ramón Huapaya, who also leads the public law practice at the firm, plays a lesser role but contributes invaluable regulatory experience.

Practice head(s):

María Delia Oxley; Ramón Huapaya

Key clients

Unilever

Inmobiliaria Miraflores Peru

Soluciones Inmobiliarias Morada

Santiago Queirolo

SKberge Retail

Sky Airlines

Franquicias Alimentarias

Enotours Perú

Copa Airlines

KLM

Banco Falabella

Thunderbird

Work highlights

  • Advising on a varietry of unfair competition matters.
  • Advising on service restrictions as a consequence of the declaration of national emergency due to Covid-19, on occasion involving the analysis of implications regarding antitrust and the application of the government’s exclusivity clauses.
  • Advising Soluciones Morada on its strategy to comply with the legal requirements regarding the Consumer Protection Code on its new webpage.

Peru > Corporate and M&A Tier 3

Combining long-established local expertise with extensive international muscle, CMS Grau is an obvious choice for cross-border transactions and regional corporate planning. Managing partner Juan Carlos Escudero V heads the practice alongside the more junior but highly-regarded Miguel Viale. Clients appreciate the 'proactive' and 'very empathetic team' that gets to grips with clients' business quickly, with lawyers who prove 'highly imaginative in their strategies'. Clients are drawn from a broad sector-base, but the firm has particular strength in the energy, mining, real estate, technology, telecom and life sciences areas. Recent highlights include acting for a significant Chilean electricity transmission company on its acquisition of the Peruvian subsidiaries of Orazul Energia (UK) Holdings, controlled by I Squared Capital; the advice was led by Viale.

Practice head(s):

Juan Carlos Escudero; Miguel Viale

Testimonials

Very complete legal team with a predisposition to help us.

Diego Peschiera and Jose Antonio Onandia have always been present to help us and guide us on our requirements.’

They are very empathetic and get quickly involved in their customer’s business.’

They are very proactive, and have a lot of experience in the items consulted. They are highly imaginative in their strategies, proposing several alternatives to each consultation. They follow each chosen strategy to see that it is executed correctly. Miguel Viale stands out.’

Key clients

Transelec

Derco Perú

Polysistemas

Sun Dreams

Grupo Mate

Grupo Falabella

Grupo El Comercio

Elevar Investments

DSI (Development Specialists Inc.)

Enagás

Work highlights

  • Assisted a Chilean power transmission company with conducting due diligence on the Peruvian subsidiaries (and the negotiation and drafting of the transaction documents) for the acquisition of the companies Orazul Energy Group, Orazul Transmision, Eteselva and Etenorte, local Peruvian subsidiaries of Orazul Energia (UK) Holdings, controlled indirectly by I Squared Capital.
  • Advising the Zelasco family, owners of Polysistemas, on the structuring and negotiation for the transfer of 100% of the capital stock of the company to a local private equity fund; the transaction included the Bolivian subsidiary of Polysistemas, as well as the exclusion of the real estate located in Peru and Bolivia.
  • Acted for Colbún in connection to the Fenix Power shareholders agreement, cncerning provisions applicable to the approval and funding of the project, including capital calls and the debt finance of the facility.

Energy and natural resources > Electricity Tier 3

CMS Grau fields an experienced team led by Ramón Huapaya, an administrative and regulatory specialist, and energy partner Carlos Hamann, and draws some stellar clients to the practice including Luz del Sur and Enel Distribución. The practice complements the firm's high-ranking hydrocarbon and mining practices demonstrating strength across the board of energy mandates, as demonstrated in its work for Luz del Sur in sanctioning administrative procedures before energy agency OSINERGMIN and OEFA, the environmental agency. Senior associate Nestor Shimabukuro is an integral member of the team.

Practice head(s):

Ramón Huapaya; Carlos Hamann

Key clients

Luz del Sur

Enel Distribución

Empresa De Generación Huanza

ISA Interconexión Electrica

Fenix

Engie Energia Peru

Inland Energy

Sociedad Nacional Mineria Petroleo Y Energía

Aluz Clean Energy

Corporacion Andina De Fomento (CAF)

Work highlights

  • Representing Luz del Sur in all its sanctioning administrative procedures before OSINERGMIN (the energy agency) and OEFA (the environmental agency) and in a case involving the adequate reimbursement of contributions made by citizens.
  • Providing advice to Luz del Sur on the regulatory process for the approval of the Electric Power Transmission Investment Plan for the 2021-2025 period, which includes several electric power transmission projects valued at more than $100m.
  • Advising Engie Energía Perú on matters regarding the imposition of bureaucratic barriers.

Peru > Labour and employment Tier 3

Head of practice Claudia Flecha at CMS Grau is highly respected by peers and cilents for her capability; advising across a range of labour matters, she has particular expertise in the retail, mining, energy, real estate and education sectors. She leads a dozen-lawyer team, including experienced counsel José Burgos, that advises a strong client roster including Rio Tinto Group, KLM, Unilever and Solgas. The team has been busy during the past year advising multiple clients on the labour law implications of Covid-19 regulations, and has a large caseload of business-critical litigious matters such as sexual harassment.

Practice head(s):

Claudia Flecha

Testimonials

Great support and professionalism.’

Excellent knowledge, practical approach and problem solving.

Strengths: commitment and dedication.’

‘Cecilia Vargas and associates Franco Herrera and Natalia Almonte are totally committed to the company.’

Key clients

Petrex (SAIPEM)

Baker Hughes International Operations del Perú

Ferrovial Construcción (Peru branch)

ALS Perú / ALS LS

Rio Tinto Group

Solgas

Schlumberger del Perú

KLM

Unilever

Shell Operaciones Perú

COPA Airlines

Sentient Natural Colors

MSA

Top Rank

ITOCHU

Sun Chemical

Fridays

Santiago Queirolo

Santa Ursula School

Soluciones Inmobiliarias Morada

Compañía Operadora de Gas (COGA)

PDC Comercial

Banco de Crédito (BCP) and La Fiduciaria

Pluspetrol Norte

Work highlights

  • Assisted Compañía Operadora de Gas (COGA) to draft, tender and subscribe a major agreement for pipeline maintenance and response to operational emergencies that was awarded to a consortium conformed by Stork and SICIM, and which included a high labour component since its execution implies the displacement of a large number of workers, with COGA being responsible for all the contractor’s personnel.
  • Handling the labour processes portfolio for multiple clients, including complex cases for BCP and La Fiduciaria.
  • Advising multiple clients on the implementation of new regulations issued in response to Covid-19, including preparing plans for the prevention, surveillance and control of the virus, occupational health and safety, training of staff and the implementation of remote work.

Peru > Projects and infrastructure Tier 3

CMS Grau is strong in project development, particularly in the energy and mining sectors which are key strengths of the firm. Public law partner Giancarlo Villafranqui is praised for his experience in PPPs, concessions and administrative issues; he co-leads the practice alongside the versatile Michelle Barclay, whose broad practice includes bidding and concessions, alongside investment negotiations in relation to public assets. Client gains during the past year include a US oil and gas company and a domestic irrigation project concessionaire.

Practice head(s):

Michelle Barclay Thorne; Giancarlo Villafranqui

Key clients

SA de Obras y Servicios, COPASA

Ghesa Ingeniería y Tecnología (sucursal del Perú)

Tullow Oil / Tullow Peru

BP Exploration Operating Company

Petróleos del Peru (Petroperu)

Work highlights

  • In conjunction with other CMS office across Latin America, advisng a multilateral institution on various projects over the next two years, having won a master agreement to represent the client.
  • Advising an international mining company on the execution phase of projects filed under the public works for tax deduction mechanism.
  • Advice to an international company on the public tender for the concession for the improvement of the sewerage and sewage treatment system of the city of Puerto Maldonado in the Amazon Basin.

Peru > Tax Tier 3

CMS Grau shines for its expertise in the tax aspects of transactions, particularly in the mining, oil and gas, and energy sectors, where it acts for the likes of Southern Peaks Mining and ISA Interconexión Electrica. Clients benefit from the shared know-how of the firm's global CMS tax management team, while a niche area of expertise is environmental taxation. Practice head Rolando Cevasco and the nine-strong team also handles litigation, tax planning and audits for example. Senior associate Carlos Chirinos leads the office's important transfer pricing practice.

Practice head(s):

Rolando Cevasco

Key clients

ISA Interconexión Electrica

Derco Perú

Sentinel Perú

Fridays

Panoro Apurimac

Maxima internacional

Belltech

Lumni

Empresa Editorial El Comercio

MSA del Perú

Nikken

Work highlights

  • Advised ISA Interconexión Electrica on the purchase of Orazul Energy Group for $158.5m, part of the ISA Group’s expansion strategy resulting in a 73% participation in the energy transmission market in Peru.
  • Advising Derco Perú on the tax implications derived from the transfer of the business line, as well as the evaluation of the structure of the transaction based on the General Anti-Avoidance Rule (GAAR).
  • Advising Southern Peaks Mining (SPM) on its application for the VAT Early Recovery Regimen related to its investments in the Ariana Project, including negotiations on modifications to an investment agreement with ProInversion.

Peru > TMT (Technology, media and telecoms) Tier 3

CMS Grau has a focused practice group in this area, attracting some household-name companies as clients such as Google, which it advises alongside its Colombian office in relation to public policy matters. Administrative lawyer Ramón Huapaya heads up the telecoms work at the office and is client partner to one of the main mobile telecom providers in Peru. Data protection is a core area of the practice and is led by regulatory associate Cecilia Kahn, who also leads on technology work. She recently undertook training presentations on behalf of Adobe outlining the legal framework applicable to electronic and digital signatures.

Practice head(s):

Ramón Huapaya; Cecilia Kahn

Key clients

Google

Komatsu-Mitsui Maquinarias

Sentinel Perú

Itochu Corporation, Sucursal de Lima

Ferrovial Construcción (sucursal de Peru)

Adobe

Didi Perú

AB Electrolux

Schlumberger del Peru

Work highlights

  • Advising Google, alongside the Colombia office of CMS, on public policy in TMT matters, focusing on privacy, sharing economy, cybersecurity and neutrality, among other matters.
  • Designed and prepared documentson behalf of Komatsu-Mitsui Maquinarias for an internal audit to comply with Peruvian Data Protection regulation.
  • Conducting presentations for Adobe clients explaining the legal framework applicable to electronic and digital signatures.

Peru > Capital markets Tier 4

CMS Grau welcomed a number of new clients to the practice over the past year, including investment management company Banchile Administradora General de Fondos, Acres and Kallpa Securities, among others. Capital markets work at the firm is led by Diego Peschiera, who has experience of syndicated loan operations, debt issues on the local and international markets and international securitisations; while fellow practice co-head Miguel Viale has former in-house experience at an investment company and advises on debt transactions, trust structures and securitisations, among other matters.

Practice head(s):

Diego Peschiera; Miguel Viale

Testimonials

Strong points are their availability, practicality, diligence and getting the customer what he needs and what suits him best according to the transaction. CMS excels.’

Attention, technical capacity and diligence. Miguel Viale and Mateo Lanata stand out.’

They provide good recommendations for quick solutions.’

The CMS Grau team, especially Miguel Viale and associate Mateo Lanata, is excellent, not only in its quality of service, availability and attention, but also in proposing solutions and supporting us to close successful transactions. It is a real pleasure working with the firm.’

CMS Grau’s lawyers integrate perfectly with the client’s team. Miguel Viale and Mateo Lanata make our business in Peru multiply, with an excellent quality of service and attention.’

Key clients

Credicorp Capital Servicios Financieros

Banchile Administradora General de Fondos

Interbank

Acres

Kallpa Securities

PDC Capital

Pareto Securities

Banco Internacional del Perú (Interbank)

Work highlights

  • Advising Kallpa SAB in its capacity as structuring entity for a FIBRA bond issuance programme of up to $2bn.
  • Advising Pareto Securities, a Norwegian financial services company, in structuring an international bond issue for the Canadian petroleum company Petrotal Corp. whose principal activities are located at Block 95 in the Peruvian jungle and are carried out through its Peruvian subsidiary, Petrotal Peru.
  • Acted for Credicorp Capital Servicios Financieros on the public issuance of a subordinated bonds (tier II) issuance programme for Pacífico Compañía de Seguros y Reaseguros, up to an amount of $150m and the first issuance of such programme for up to $50m.

Peru > Dispute resolution Tier 4

Luis Alberto Liñán is an experienced litigator at CMS Grau and leads a team of five associates on a broad caseload of civil, commercial, constitutional and administrative litigation. The practice is particularly strong in mining, energy and real estate disputes, traditional strengths of the firm, but is also highly capable in more ad hoc conflict work that is supplied through the firm’s extensive international network. Associates Luis Miguel Manrique Ruesta and Nicolás Carrión are regular advisers on key mandates; however, Paloma Baca Reaño left the firm in May 2021, since when - in July- the firm has hired senior Alessandra Cocchella from Rubio Leguía Normand.

Practice head(s):

Luis Alberto Liñan

Testimonials

Active listening and customer treatment that raise the quality of the service.’

Luis Alberto is a person who adapts to the needs of his client and achieves the objectives of his client.’

 

Key clients

Petróleos del Perú (PetroPerú)

Graña y Montero Petrolera

Ediciones Corefo

Menorca Inversiones

Minera las Bambas

Savia Perú

Compañia de Minas Buenaventura

Panoro Apurimac

Gold Fields La Cima

Banco de Crédito del Peru

Franquicias Alimentarias (TGI Friday’s)

Solgas

Work highlights

  • Advising Minera Las Bambas on several cases, including a contentious administrative lawsuit against OEFA due to an illegal mandate to modify the Environmental Impact Study of the company to include the Apurimac-Cusco road corridor as a mining component.
  • Adivising Panoro Apurimac in three legal proceedings concerning: (i) the ownership of the property where the mining deposit is located; (ii) an indemnity for the use of it; and (iii) a nullity process in which the extension of the property is argued.
  • Advising an international client on the enforcement of a favourable arbitration award in excess of $50m.

The firm: CMS Grau is one of Peru’s most prestigious and solid full-service law firms, recognized for its innovation, creativity, and for providing ground-breaking legal and business solutions effectively meeting the needs of investors in a changing global economy.

We stand out by being a full-service global law firm supported with more than 85 years of experience in the local and international market. We have a specialized team of more than 100 lawyers, 23 partners (with 44% female equity partners), a management committee with gender parity, and supporting staff teams including a marketing and business development team working on diverse local, regional and international client-oriented initiatives.

International work: Ranked as a Top 10 Global Law Firm, CMS is a future facing full-service law firm with more than 70 offices in more than 40 countries and 5,000+ lawyers worldwide that combines deep local market understanding with a global overview. CMS has a strong presence in Latin America, with offices in Brazil, Chile, Colombia, Mexico and Peru. We are one of the few law firms present in all Pacific Alliance countries.

As part of CMS, we ensure an across-the-board high quality of work worldwide thanks to standardizing processes and sharing specialized knowledge in real time. We have cross-border Practice Area (PAG) and Sector Groups (SG) with representatives from different CMS jurisdictions. This structure allows us to provide sector-specific legal advice to achieve the best possible outcomes.

Practice areas and sector groups:
Administrative law and public procurement:
licenses, permits and authorizations, sanctioning procedures, public procurement, execution of public contracts and settlement of disputes in arbitration, regulated industries and markets.

Arbitration: national and international arbitrations, including advice on investment issues before various arbitration institutions such as the International Chamber of Commerce, the International Centre for Settlement of Investment Disputes (ICSID), among others.

Aviation: operation and flight permit for airlines, governmental authorizations for rendering transport services and/or freights, including specific permits required for the repatriation of passengers for humanitarian reasons, as well as overflight permits. Lease contracts, aircraft services and chartering; judicial and administrative claims arising from the transport of passengers and cargo liability for injuries or damages caused to passengers, crew, luggage, or third parties.

Banking and finance / Capital markets: debt and equity financing, project development and finance, banking facilities, syndicated/club loans, real estate financing and leasing, trusts and trust bonds, capital markets, public and private offerings, tender offers, investment and mutual funds, with significant experience in financing operations with a cross border component.

Bankruptcy: cross/border insolvency and restructuring issues, cases with local and international implications and issues, bankruptcy take/overs and distressed M&A, bankruptcy cases with strong regulatory and social aspects, debt refinancing, reorganization and liquidation proceedings, preparation and negotiation of reorganization plans, exit strategies, bankruptcy liquidations, out-of-court reorganizations and corporate liquidations.

Competition: antitrust regulation, trade protection, market access, advertising, protection of unfair competition and claims regarding consumer protection.

Compliance: legal and criminal risk assessment and management, corruption and anti-money laundering compliance programmes, preventive audits and assistance in ISO 19601 and ISO 37001. Handling internal investigations arising from compliance matters, performing anticorruption and anti-money laundering due diligence, in-house training for compliance officers, dawn raids from regulators and prosecutors.

Corporate and M&A: corporate acquisitions, mergers and spin-offs, private and public sale processes, hostile acquisitions, shares syndication, joint ventures, business collaboration structures, local and international due diligence, incorporation of companies and corporate services, real estate project development. High profile cross border transactions with diverse structures such as trusts, cross guarantees, asset guarantees, purchase options on mining streams, acquisition of participation in exploration contracts, among others

Dispute resolution: civil, commercial, constitutional, criminal proceedings, judicial/administrative proceedings, conciliation and mediation. Comprehensive advice with sector-focused approach for the prevention and solution of conflicts in all sectors.

Employment: labour policies, personnel planning and recruitment, immigration, reorganizations of labour structures in economic groups, occupational health and safety, collective bargaining, audits, dismissals, labour claims, judicial and administrative processes, social security, pension funds, daily employment requirements.

Energy: oil and gas licensing and permitting, service contracts, farm-ins/farm-outs, transport and supply contracts, refineries; electricity concessions and privatizations, power generation, transmission and distribution concessions, PPAs, development of renewables. Administrative proceedings, dispute resolution and investment international arbitrations.

Environment: assistance in ISO 14001, ISO 45001 and ISO 9001, pre-audits, regulatory compliance, permits and licenses, administrative procedures, water resources, solid waste, and prevention and management of social conflicts. George management system for compliance and identification in real-time of legal requirements, breaches and needs

Hotels and leisure: design, development and execution of investment projects; real estate and construction issues; specialized permitting of the sector; tax and financial structuring for project development; acquisition, sale and restructuring of hotels and entertainment businesses.

Insurance: organization and supervision of insurance activity, the launching and distribution of insurance products, regulatory issues, insurance contracts, claims, preparation of condition documents, mergers and acquisitions, corporate affairs, tax issues and commercial issues.

IP: protection, registry, renewal and amendment of IP rights, and license agreements. Preventive advice on advertising strategies. Opposition, cancellation actions and infringement cases. Copyrights contracts.

Life sciences and healthcare: transactional (corporate and commercial), IP (including patent and regulatory litigation), regulatory, compliance, competition and procurement, data protection, litigation, tax, transfer pricing and employment.

Mining: regulatory aspects (licenses, permits, H&S, environmental), investment/acquisition of mining assets and projects, financing of mining projects (M&A, JV, tax and project planning, guarantees, loans), mining agreements (streaming, take offs), privatizations, investment agreements with the Peruvian state. Administrative proceedings, dispute resolution and investment international arbitrations.

Projects: private investment initiatives, preparation of investment projects, negotiation of contracts, concessions, privatizations, public-private partnerships (PPP), public tenders and biddings of PPP for projects over assets, public works for tax deductions.

Real estate: property diagnosis and clearance, design and structuring of real estate and urban projects, drafting and negotiating contracts, negotiation of communal rights, of easements and rights of way.

Tax: tax planning, corporate restructuring, tax due diligence, tax audits and general tax advice, tax procedures, transfer pricing, and tax compliance.

TMC: data protection, electronic services, e-commerce, IT agreements, domain names, regulatory matters.

Clients: our track record advising important clients from all economic sectors, allows us to give a business-oriented approach covering specific characteristics of our clients’ operations.

We have counseled domestic and foreign companies and institutions, international agencies, investment funds, private and public investors, and the Peruvian government and public entities; something that has allowed us to gain experience from all perspectives to bring about the most comprehensive advice to our clients’ needs.

Acknowledgements: our members and practice areas are ranked in the most important international rankings. Our platform GEORGE won the Legal Tech and Innovation category of the Legal MARCOM. Our firm has been also shortlisted several times in different international awards such as ITR and Chambers.

DepartmentNameEmailTelephone
Administrative, Telecom Ramón Huapaya
Aviation Miguel Mena
Competition and IP María Delia Oxley
Corporate and M&A / Banking and Finance Juan Carlos Escudero
Corporate and M&A / Banking and Finance / Capital Markets Diego Peschiera
Corporate and M&A / Banking and Finance / Capital Markets Miguel Viale
Corporate Restructurings and Insolvencies /Projects Michelle Barclay
Dispute resolution Luis Alberto Liñán
Employment Claudia Flecha
Employment Cecilia Vargas
Energy Carlos Hamann
Energy Augusto Astorga
Environment Vito Verna
Mining Miguel Grau M
Mining Cecilia Gonzáles
Mining Liliana Pautrat
Mining Raul Ferreyra
Mining / Life Sciences & Healthcare Marite Aragaki
Projects Giancarlo Villafranqui
Real Estate & Construction / Hotels and leisure Carolina Gajate
Real estate & Construction Raúl Ravina
Tax Rolando Cevasco
Compliance Carolina Cueva
New Technologies and Data Protection Cecilia Kahn
PhotoNamePositionProfile
Marité Aragaki  photo Marité Aragaki Partner at the Mining and Life Sciences practice areas. She specialises in…
Augusto Astorga  photo Augusto Astorga Partner and cohead of the Energy practice area. Augusto specialises in energy,…
Michelle Barclay photo Michelle BarclayPartner and head of the Bankruptcy and Restructuring area, cohead of Projects…
Rolando Cevasco photo Rolando CevascoPartner and head of the Tax practice area. Rolando specialises in tax,…
Carolina Cueva photo Carolina CuevaPartner
Juan Carlos Escudero photo Juan Carlos EscuderoManaging partner and cohead of the Banking and Finance, Corporate and M&A…
Victor Farro photo Victor FarroVíctor Farro is promoted to Partner at CMS Grau’s Bankruptcy & Insolvency…
Raúl Ferreyra  photo Raúl Ferreyra Partner at the Mining and Insurance practice areas. He specialises in mining…
Claudia Flecha photo Claudia FlechaPartner and head of the Labour practice area. Claudia specialises on Labour,…
Carolina Gajate photo Carolina GajatePartner and cohead of the Real Estate & Construction practice area. She…
Cecilia Gonzáles  photo Cecilia Gonzáles Partner and head of the Mining practice area. Cecilia specialises in mining…
Miguel Grau photo Miguel GrauPartner: Mining, Oil & Gas law and Foreign Investment.
Carlos Hamann photo Carlos HamannPartner and cohead of the Energy practice area. Carlos specializes in energy,…
Ramón Huapaya  photo Ramón Huapaya Partner and head of the public law practice area. He specialises in…
Luis Alberto Liñán  photo Luis Alberto Liñán Partner and head of the Dispute Resolution practice area. He specialises in…
Miguel Mena  photo Miguel Mena Partner and head of the Aviation practice area. Miguel specialises on Aviation…
Maria Delia Oxley photo Maria Delia OxleyPartner. Head of the Intellectual Property, Unfair Competition and Consumer Protection Department.
Liliana Pautrat photo Liliana PautratPartner. She specializes in Mining and Environmental Law with recognized expertise in…
Diego Peschiera  photo Diego Peschiera Partner and cohead of the Banking and Finance, Corporate M&A and Capital…
Juan Pulgar-Vidal photo Juan Pulgar-VidalJuan Pulgar-Vidal is promoted to Partner at CMS Grau’s Real Estate practice.
Raúl Ravina  photo Raúl Ravina Partner and cohead of the Real Estate & Construction Practice. Specialises in…
Roberth Rojas photo Roberth RojasRoberth Rojas is promoted to Partner at CMS Grau’s Real Estate practice.
Cecilia Vargas photo Cecilia VargasPartner at CMS Grau. Cecilia specialises on Labour, Occupational Health & Safety,…
Vito Verna photo Vito VernaPartner and head of the Environmental Law practice group. Vito specializes in…
Miguel Viale photo Miguel VialePartner at CMS Grau. Miguel specialises on Banking, Finance and Capital Markets,…
Giancarlo Villafranqui photo Giancarlo VillafranquiPartner at CMS Grau. He specializes in Public-Private Partnerships (PPPs), Concessions, Administrative…
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