Firm Profile > CMS Grau > Lima, Peru

CMS Grau
AV. SANTA MARÍA 110
MIRAFLORES
LIMA 18
Peru

Oil and gas Tier 1

In Carlos Hamann and Augusto Astorga, CMS Grau boasts two high-profile lawyers  who 'really understand the sector and can be easily included into work teams'; both bring in-house experience and technical knowledge to the practice. The pair lead a 'very committed team' comprising  eight associates. Moreover, oil and gas is not just a strength of the Lima office but also of the CMS network globally, facilitating the development of a stellar client base that includes key client of the local practice; the roster includes Enagás Internacional, Tullow Oil, Shell Operaciones Perú, CNPC Peru, Repsol and Graña y Montero Petrolera (GMP). The team won a competitive pitch to advise state-owned Petroperu on negotiations with Perupetro regarding the former's award of Block 192, currently Peru's most productive oil block. Other notable practice figures include regulatory and technical hydrocarbons specialist, associate Jesus Abanto, previoulsy legal supervisor at OSINERGMIN's Natural Gas Audit office.

Real estate Tier 1

A well-resourced team at CMS Grau is in demand across the board for advice on rural and urban land acquisition, construction and development, sanitation, infrastructure and real estate disputes. Raúl Ravina is widely respected in the market for his expertise and has particular niche strength in the acquisition and sanitation of surface land for the development of mining projects. Fellow partner Carolina Gajate is skilled in real estate projects in the retail, hotels and leisure, health, education and residential housing sectors in particular. The team is advising Glencore subsidiary Compañía Minera Antapaccay on the acquisition of rural properties for the expansion of copper mines Tintaya and Coroccohuayco (projects with an aggregate value of $1.48bn). In the retail  segment, the team acted for Open Plaza on the acquisition of nine properties for the expansion of the Surquillo Open Plaza Shopping Centre. Following his promotion to partner last year, Franco Soria was poached by Rubio Leguía Normand, along with associate Rubén Quevedo .

Bankruptcy and restructuring Tier 2

CMS Grau is in demand for big-ticket bankruptcy proceedings. Dual-qualified (US and Peru) Michelle Barclay continues to act as local Peruvian counsel to the US trustee of China Fishery Group in its bankruptcy proceeding, with unpaid claims of approximately $1.5bn; it constitutes the first cross-border insolvency with the majority of assets in Peru. In another headline matter, Barclay is advising Depositos Quimicos Mineros (Odfjell Terminals) as a strategic creditor in Doe Run Peru's estimated $600m bankruptcy, an emblematic case that has gained considerable social and environmental significance to the country. Barclay is assisted by a pool of associates, of whom Victor Farro and Carolina Pinzás stand out for their role in high-profile cases and former in-house experience.

Environment Tier 2

'An extensive team' at CMS Grau  enjoys a 'good reputation in the market for environmental matters' and offers a 'high level of professionalism' along with 'customised, easy-to-understand advice'. Despite being one of the market's longest-established practices in this field, it continues to grow, attracting a number of new clients including Minera Las Bambas, minig-explosives manufacturer FAMESA and Spanish water company Copasa, which join the likes of Kimberly Clark,  Compañía de Minas Buenaventura and Minsur on an impressive client roster. 'Highly-respected' practice head Vito Verna 'knows the sector' and is  appreciated for his 'understanding of our business and sensitivity to the risks or problems that arise'. Paola Carbajal left the firm in June 2020.

Mining Tier 2

CMS Grau excels in this area, which has long been a core strength of the firm. It's 'very committed team' 'understands the sector' and provides a complete 360° service - from large-scale M&A to strategic planning, project management and regulatory advice. Clients include major industry players -both domestic and international- such as Compañía de Minas Buenaventura, Minera Cappex, Wheaton Precious Metals Corp and Rio Tinto Mining & Exploration. The four expert partners include head of practice Cecilia Gonzáles, a leading figure in both mining M&A and regulation, supported by Liliana Pautrat, Marité Aragaki and Raúl Ferreryra; all have 'extensive experience'. Moreover, the practice can also call on name partner and mining law legend Miguel Grau as required. Recent mandates saw Gonzáles lead advice to Panoro Minerals (and local subsidiary Panoro Apurimac) on an interim agreement with Japan Oil, Gas and Metals National Corporation (JOGMEC) for the exploration of the Humamantata properties in southern Peru.

Banking and finance Tier 3

Praised for its 'assertive and innovative solutions', CMS Grau has continued to grow its team. Diego Peschiera joined as practice co-head (alongside Juan Carlos Escudero V) from leading firm Rodrigo, Elías & Medrano – Abogados and much-admired corporate and finance lawyer Miguel Viale  was promoted to the partnership. The firm's client base is also expanding, particularly in the investment funds arena, with Chilean fund Volcom Capital, Acumen LATAM Capital Partners/Acumen Latin America Early Growth Fund and Scotiabank among recent client gains. Other representative clients are Santander and Credicorp Capital. Recent highlights included acting for mining-equipment manufacturer Boart Longyear Group on its $290m refinancing of long-term debt, and representing Santander in its $120m factoring financing granted to Petroperú. Sergio Oquendo left the firm to return to Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados in March 2020.

Competition and antitrust Tier 3

Experienced competition lawyer Maria Delia Oxley leads a small but able team at CMS Grau, where the global network ensures exposure to high-quality clients and valuable international knowhow. Facebook Ireland is a client gain this year, while Air France, Ferrero Roche and Hipermercados Tottus are on the practice group's existing roster. The firm acted for Unilever Andina Peru in a claim concerning alleged misleading advertising by rival Procter & Gamble Perú.

Corporate and M&A Tier 3

CMS Grau has enjoyed an ongoing uptick in transactions, the result of multiple client gains and an ongoing strategy of lateral hiring. This year the team was boosted by the hire of Diego Peschiera from Rodrigo, Elías & Medrano – Abogados, who brings finance expertise to the corporate practice, and the promotion of Miguel Viale to partner. Petroperú, Repsol and Acumen LatAm Capital Partners are just some of the new clients of a firm that has, increasingly, developed a 'fully complemented team of professionals in different areas that are ready to provide timely and effective solutions for complex transactions'. Practice head Juan Carlos Escudero led advice to Empresa Editora El Comercio on the indirect sale of 80% of its controlling interest in private higher-education institute Avansys to Laureate (value $60m). The firm is also cultivating a compliance practice under the direction of experienced associate Carolina Cueva, specialising in the prevention and management of corruption-related risks, both public and private. Sergio Oquendo left the firm to return to Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados in March 2020.

Electricity Tier 3

Widely acknowledged for its mining practice, CMS Grau actually has expertise across the board in the energy and natural resources area. It is gaining ground in the electricity sector off the back of work for leading companies Luz del Sur and Enel Distribución; the result is a growing reputation for regulatory and public law issues. Clients appreciate the 'detailed knowledge of our operations and the sector' and 'capabilities to provide an excellent service'. Practice co-heads Carlos Hamann and Ramón Huapaya are the key advisors and lead a seven-strong team. Senior associte Germán Tarazona is also noted.

Labour and employment Tier 3

Led by Claudia Flecha, who has over two decades' sector-experience, CMS Grau fields a capable, nine-strong team that includes newly-promoted partner Cecilia Vargas, counsel José Burgos (known for his negotiation work with unions), and two senior associates. Consequently, an impressive clientele -such as Pluspetrol, Rio Tinto, Shell and airline KLM- instructs the firm on a broad range of issues. The team is currently advising Petrex, a subsidiary of oil-and-gas company Saipem, on multiple employee claims. Clients highlight the practice group's 'commitment and teamwork' and 'expertise and knowledge'.

Projects and infrastructure Tier 3

'Highly skilled in projects and infrastructure', CMS Grau draws praise for its professionalism and 'excellent attention to clients'. PPP specialist Giancarlo Villafranqui  brings 'great skills' and a 'high knowledge of the market' to the team, which he co-leads alongside senior practice partner Michelle Barclay, who focuses on investment, projects and infrastructure and is noted for her effectiveness in bidding processes. Villafranqui is currently leading advice to Spanish construction company COPASA on two significant projects: the $263 public tender for the wastewater-treatment system of the Lake Titicaca Basin; and the public tender for the concession of the Huancayo-Huancavelica railroad PPP project, value $235m. Other figures of note include Liliana Pautrat (for mining and associated transport matters), Augusto Astorga (infrastructure), Carlos Hamann (energy) and Ramón Huapaya (public sector regulation, concessions and infrastructure).

Public law and regulation Tier 3

Lauded for its ability to 'understand complex issues', CMS Grau is particularly strong on sanctioning procedures in the regulated industries, such as power, gas and telecoms. Practice head Ramón Huapaya is 'well known in the sector and very competent' and 'provides great legal advice'; he is currently leading advice to Luz del Sur on administrative sanctioning procedures before OSINERGMIN and environmental agency, OEFA. Other clients include Entel Peru, Repsol and Petroperu - the team is also assisting the latter with the draft of its bespoke Procurement Act.

Tax Tier 3

A 'great team' at CMS Grau experienced marked income growth and a surge of new clients in the past year, due in part to the 2018 launch of its transfer pricing practice. Clients praise the firm's 'diversity and willingness to analyse every enquiry in an integral manner', while department head Rolando Cevasco is 'very client centred'. Cevasco is leading the team representing Zeta Gas Andino in proceedings concerning alleged excessive charging of municipal taxes by the Province of Callao. Transactional matters included handling the tax aspects of  Fenix Power Peru's $350m bond offering. Carlos Chirinos and Eduardo Rojas are key associates.

Dispute resolution Tier 4

The 'detail-orientated' team at CMS Grau has a 'deep knowledge of arbitration and commercial disputes', and utilises specialist knowledge from across the firm to advise on complex issues. Last year's hire of Luis Alberto Liñán from Rodríguez Angobaldo Abogados has bolstered the practice at partner level; noted for his 'unique ideas and strategies' as well as experience, he is leading advice to Minera Las Bambas in a $454m damages claim brought by the Fuerabamba Peasant Community. Arbitration work includes significant disputes in the energy, construction and infrastructure sectors. Former arbitration head and senior associate Vanessa Cisneros moved in-house.

 

CMS Grau is a leading full-service firm with more than 85 years of experience advising international and local clients. As part of CMS global firm, it offers a specialized service with an international approach in order to provide innovative solutions to clients’ needs.

The firm

One of Peru’s most prestigious and solid full-service law firms, recognised for its innovation, creativity, and for providing groundbreaking legal and business solutions effectively meeting the needs of investors in a changing global economy.

CMS is an integrated, multi-jurisdictional organisation of law firms that offers full-service legal and tax advice, with more than 70 offices in over 40 countries across the world and more than 4,800 lawyers. 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.

Areas of practice

Administrative: licenses, permits and authorizations, sanctioning procedures, public procurement, execution of public contracts and settlement of disputes in arbitration.

Aviation: operation and flight permits for airlines, governmental authorizations for rendering transport services and/or freights, and services and charter of airlines.

Banking and finance: debt and equity financing, project development and finance, banking facilities, syndicated/club loans, real estate financing and leasing, trusts, capital markets, public and private offerings, tender offers, investment and mutual funds.

Bankruptcy: reorganizations and liquidations, work-outs, takeovers, distressed M&A and cross-border insolvency.

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, preventive audits and assistance in ISO 19601 and ISO 37001.

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.

Dispute resolution: civil, commercial, constitutional, criminal and arbitration, judicial/administrative proceedings, conciliation and mediation.

Employment: labor policies, personnel planning and recruitment, immigration, reorganizations of labor structures in economic groups, health and safety, collective bargaining, audits, dismissals, labor claims, social security, pension funds.

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.

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.

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.

IP: protection, registry, renewal and amendment of IP rights, and license agreements.

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 (streamings, take offs), privatizations, investment agreements with the Peruvian state.

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.

 

Department Name Email Telephone
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
Photo Name Position Profile
Dra Marité Aragaki N. QC photo Dra Marité Aragaki N. QC
 Augusto Astorga  photo Augusto Astorga
Dra Michelle Barclay  photo Dra Michelle Barclay
Dr Rolando Cevasco Z.  photo Dr Rolando Cevasco Z.
Dra Sandra Chicoma T.  photo Dra Sandra Chicoma T.
Dr Juan Carlos Escudero V.  photo Dr Juan Carlos Escudero V.
Dr Raúl Ferreyra M.  photo Dr Raúl Ferreyra M.
Dra Claudia Flecha De La Oliva  photo Dra Claudia Flecha De La Oliva
Dr Rodrigo Flores  photo Dr Rodrigo Flores
Dr Miguel GRAU Malachowski  photo Dr Miguel GRAU Malachowski
Dra Carolina Gajate B.  photo Dra Carolina Gajate B.
Dra Cecilia Gonzáles  photo Dra Cecilia Gonzáles
Dr Carlos Hamann Garcia B.  photo Dr Carlos Hamann Garcia B.
 Ramón Huapaya  photo Ramón Huapaya
 Luis Alberto Liñán  photo Luis Alberto Liñán
Dr Miguel Mena R.  photo Dr Miguel Mena R.
Dr Marco Antonio Ortega P  photo Dr Marco Antonio Ortega P
Dra Maria Delia Oxley P.  photo Dra Maria Delia Oxley P.
Dra Liliana Pautrat M.  photo Dra Liliana Pautrat M.
 Diego Peschiera  photo Diego Peschiera
Dr Raul Ravina S.  photo Dr Raul Ravina S.
Dr Eduardo Rojas S.  photo Dr Eduardo Rojas S.
Dra Cecilia Vargas Ll.  photo Dra Cecilia Vargas Ll.
Dr Vito Verna C.  photo Dr Vito Verna C.
Dr Miguel Viale L.  photo Dr Miguel Viale L.
Dr Giancarlo Villafranqui R.  photo Dr Giancarlo Villafranqui R.
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