CMS Grau > Lima, Peru > Firm Profile

CMS Grau > The Legal 500 Rankings

Peru > Bankruptcy and restructuring Tier 1

CMS Grau is well placed to handle international mandates by virtue of its global network, but it is also active in the local and regional market as well. Its broad range of experience includes acting for clients in the finance, consumer products, mining, energy, fishing and education sectors, among others. Head of practice Michelle Barclay has over 20 years’ experience in insolvency, corporate restructuring, liquidation, corporate refinancing and distressed M&A, and is often involved in US Chapter 11 bankruptcy proceedings. Victor Farro (who was promoted to the partnership in November 2021) has impressive credentials, which includes a 13-year stint at the Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI); he is recommended for international insolvency matters, particularly those involving complex litigation. Senior associate Javier Marquez is a name to note for competition and administrative procedures.

Energy and natural resources > Hydrocarbons Tier 1

A significant participant in the Peruvian market for over 60 years, CMS Grau has a strong reputation for oil-and-gas work both locally and internationally, and acts for key market players regarding transactional, litigious and regulatory matters. The team is currently led by Carlos Hamann, Augusto Astorga and Ramón Huapaya. Hamann handles regulatory and permitting matters and brings previous  in-house counsel experience to issues including infrastructure concession bids, contracting and financing, and the negotiation of service contracts. With experience undertaking both domestic and international projects, Astorga is recommended for the negotiation and execution of hydrocarbons exploration and exploitation contracts; while Huapaya focuses on energy, public-services regulation, concessions, and infrastructure issues. Jesús Abanto, who acts for both private companies and state-owned entities, was raised made up to partner in May 2022 and is recommended for regulatory issues. Previously a partner at Delapuente, Nicole Freire (mining, oil and gas, regulation and environmental matters) joined as senior associate in April 2021; with disputes specialist Alessandra Cocchella, a former Rubio Leguía Normand principal associate, also joining as a senior in July, since when she has been raised to the partnership (as of January 2022).

Peru > Real estate Tier 1

CMS Grau is ‘very creative in solutions and has a lot of experience in the issues it handles’. Its full-spectrum offering encompasses expertise in the development of both urban and rural real estate projects, and it also acts for a large number of clients in the energy and mining sectors. The team caters to both domestic and foreign players in the market, handling tax, financing, acquisitions and dispositions, permitting and construction issues, among other matters. The practice group is jointly led by Raúl Ravina, Carolina Gajate and recently promoted (November 2021) partners Roberth Rojas and Juan Pulgar-Vidal. Ravina is a name to note for large infrastructure projects and rural developments and has considerable experience of property rights and land rectification issues; while Gajate handles urban developments, such as housing projects, strip malls and office buildings. Rojas and Pulgar-Vidal are recommended for property management and community relations issues, with Pulgar-Vidal also handling dispute resolution.

Peru > Compliance Tier 2

CMS Grau fields a highly specialised team, which draws on expertise from its criminal, corporate and white-collar specialists to handle crime prevention, compliance and risk management. Key areas of focus include anti-money laundering, anti-corruption and fraud, as well as the design and implementation of compliance programs. As a large international firm, it is well placed to handle cross-border matters for both domestic and global clients. The team is led by Carolina Cueva , who has a wealth of experience in litigation and corporate and white-collar crime matters; she acts for private and public entities in the mining, oil and gas, insurance, banking and real state sectors, among others. Associate Tatiana Helguero  is also active in this area and is a name to note for compliance audits and anti-bribery work.

Energy and natural resources > Mining Tier 2

CMS Grau has a broad mining practice which encompasses expertise in M&A, project development, contentious issues and divestments, and is very much the "go-to" practice for property-rights issues in the mining sector. Moreover, as an international firm, it is well placed to handle domestic, regional and international mandates by virtue of its global network and unsuprisingly acts for a strong roster of high-profile local and global clients. Cecilia Gonzáles heads the team and has noteworthy corporate and regulatory expertise in the natural resources and the extractive industries; she also handles tax and project planning matters. Liliana Pautrat handles the exploration, exploitation, processing and transportation aspects of mining activities, and has previously held the position of president of the Mining Council of the Ministry of Energy and Mines. A second line of younger partners includes Marité Aragaki, who is the name to note for regulatory matters, and procurement and construction for the extractive industries; and Raúl Ferreyra, another key practitioner, who brings his experience as in-house counsel for a large international mining company to the team.

Peru > Environment Tier 2

Under the leadership of Vito Verna, CMS Grau fields a team which offers ‘knowledge and experience, availability and excellent judgement’. It acts for a strong roster of high-profile domestic and international clients, catering primarily to their compliance and risk management requirements through its “GEORGE” software facility. Verna is a dedicated environment practitioner who focuses on environmental regulations and protection, along with contingency planning. At associate level, Víctor La Madrid is a name to note for the sustainable use of natural resources while Mauricio Black focuses on water resources and biodiversity. Nicole Freire joined as a senior associate from Delapuente in April 2021 and is a specialist in regulatory, environmental, natural resources and administrative law. Since publication, Freire has left the firm - effective as of February 2023.

Peru > Public law and regulation Tier 2

The administrative law and public procurement department at CMS Grau has a strong focus on servicing clients in the telecoms, electricity, and oil-and-gas sectors. With considerable experience in administrative proceedings, the practice also handles regulatory matters and sanction procedures. Ramón Huapaya heads the team and is a name to note for public services regulation, concessions, infrastructure issues, contractual matters and disputes; he acts for some of the top energy companies active in Peru and is also a listed arbitrator at the Peruvian Chamber of Commerce and is often called upon to serve as an expert witness in cases. Senior associate Néstor Shimabukuro has considerable experience of sanctioning procedures before a range of regulatory entities, including INDECOPI and OEFA, and also handles contracting matters with the state.

Peru > Banking and finance Tier 3

The seven-strong banking and finance practice at CMS Grau handles a broad range of financing types and instruments, including traditional and syndicated lending, capital markets matters, trusts and trust bonds, equity and project finance, among others, acting for a consolidated client roster which reflects a notable focus on mining, energy and renewables, oil and gas, and infrastructure projects. The team is jointly led by Juan Carlos Escudero, Diego Peschiera and Miguel Viale; managing partner Escudero acts for financial institutions and a broad range of companies on banking and corporate matters; Peschiera focuses on capital markets, M&A, and both corporate and project finance; while Viale specialises in bank lending, trusts and securitisation. Key support is provided by senior associate Carlos Calderón; the co-founder and director of a small investment fund, his practice focuses on M&A, financings, capital markets, joint ventures and cross-border transactions. Since the conclusion of research, the practice has been further strengthened with the September 2022 hire of Juan José Hopkins, formerly the founding partner (and director) of SUMARA Hub Legal.

Peru > Competition and antitrust Tier 3

Team co-head Maria Delia Oxley leads on the majority of competition matters at CMS Grau, which counts Unilever as a key client; the team is currently representing the UK-headquartered multinational in three claims against a competitor for misleading advertising. The practice also assists clients with compliance concerning free competition legislation, such as the Consumer Protection Code and merger control regulations; Oxley's fellow co-head, Ramón Huapaya, develops legal opinions regarding competition authority INDECOPI. Other recent matters include  providing day-to-day advice on competition matters for SK Berge; and advising multiple clients -particularly airlines, including Copa Airlines, Sky Airlines and KLM- on antitrust issues arising from the Covid-19 pandemic.

Peru > Corporate and M&A Tier 3

CMS Grau‘s international network allows it to handle a considerable volume of cross-border matters, with work involving European nations as well as other Latin American jurisdictions. The practice is led by Juan Carlos Escudero, whose recent mandates include advising Argentinian e-commerce site Mercado Libre on the modification of its business model for Peru; and Miguel Viale, a transactional specialist who handles banking, finance and capital markets matters, as well as M&A. Recent matters include the structuring of share sales, the reorganisation of the composition of shareholdings, due diligence on M&A targets and both acquisitions and sales. The lead partners can also call on finance specialist Diego Peschiera ; dual-qualified (Peru / New York) insolvency and restructuring expert Michelle Barclay; and energy specialist Carlos Hamann. Key support comes from younger partners Carolina Gajate  (real estate and corporate law); Marité Aragaki (corporate M&A / project finance); and senior associate Carlos Calderón, who handles corporate finance and M&A with an emphasis on the hospitality, manufacturing, natural resources, agricultural and IT sectors.

Energy and natural resources > Electricity Tier 3

CMS Grau‘s team counts power distribution giants Luz del Sur and Enel Distribución as frequent clients, recently representing them in administrative sanctioning procedures before energy regulator OSINERGMIN, among other matters. Indeed, the practice covers the gamut of power matters, from generation and storage to distribution and commercial agreements such as PPAs. On the power generation side, another recent mandate saw the team act for Empresa de Generación Huanza in a procedure against the National Water Authority. The team is led by administrative and regulatory specialist, Ramón Huapaya; energy practitioner Carlos Hamann, who advises on technical, operational and financial matters; and Augusto Astorga an energy all-rounder who works across both the oil-and-gas and electricity sectors. A knowledgeable second line includes Jesús Abanto, who was raised to the partnership in May 2022 and whose former experience includes over five years at energy regulator OSINERGMIN; and associates Néstor Shimabukuro, who specialises in administrative law, concessions, PPPs, private initiatives, regulation and state contracting; and Nicole Freire whose practice is centred on regulatory, environmental, and natural resources and administrative law.

Peru > Labour and employment Tier 3

Clients appreciate the ‘very good judgment‘ and ‘extensive knowledge of national regulations’ at CMS Grau, where practice head Claudia Flecha is particularly known for her work in HR organisation and employment disputes in the banking and finance, energy, mining and real estate sectors. Cecilia Vargas is also adept at handling labour-related litigation and advising on the ongoing implications of Covid-19 regulations. The team offers specialist training in risk management and occupational health and safety, as well as advising on the prevention of sexual harassment at the workplace. Experienced counsel José Burgos is another key contact.

Peru > Projects and infrastructure Tier 3

With a focus on energy and mining-related project development, CMS Grau has experience in both private and public initiatives, from initial interest up to the implementation of concession contracts. Projects in the infrastructure space are another area of activity for the firm, which recently assisted COPASA in the public tender process for the concession of the “Huancayo-Huancavelica Railroad” project. Specialist partner Giancarlo Villafranqui jointly heads up the team with Michelle Barclay, whose broad working scope includes bidding and investment negotiations often related to government assets. Augusto Astorga is another key contact, particularly for supply agreements and concessionaires of transport and distribution of natural gas through pipelines.

Peru > Tax Tier 3

The tax team at CMS Grau is most active on transactional mandates from the mining, oil and gas, and wider energy sectors. Practice head Rolando Cevasco  has significant experience handling all aspects relating to corporate reorganisations and M&A, as well as wealth management and asset protection. Senior associate Carlos Chirinos  specialises in transfer pricing, including acting for EDF Energy Chile on profitability planning among its intragroup operations, as well as advising on the analysis of cross-border company contracts. ‘Attentive‘ senior associate César Dávila  leads on administrative and judicial litigation, while other work areas involve tax planning operations and various audits.

Peru > Dispute resolution Tier 4

The growing team at CMS Grau, is led by the ‘excellent’ Luis Alberto Liñán who has over 25 years’ experience in corporate litigation, civil and constitutional processes, administrative litigation, and both national and international arbitrations. The practice has gained subsidiaries of Shell and Huawei as new clients this year, while recent work has involved representing the Peruvian subsidiaries of well-known multinationals such as General Electric and Repsol, primarily in arbitral matters. The team has also been particularly active as regards contractual disputes for clients including investment funds, healthcare firms and gas distribution companies. Key partner level support as regards arbitration and conflicts with the state is provided by Michelle Barclay and Carlos Hamann (primarily in relation to projects and the oil-and-gas sector, respectively); with additional participation from public law and public contracting specialist Ramón Huapaya and bankruptcy and insolvency practitioner Victor Farro, who was raised to the partnership in November 2021. At associate level, seniors Alessandra Cocchella, who joined from Rubio Leguía Normand in July 2021 and focuses on civil and commercial litigation (with a growing constitutional aspect to her work); and Luis Miguel Manrique Ruesta, who focuses his contentious practice on civil procedural law and case strategy, are the names to note.

Latin America: International firms > Projects and energy

CMS continues to evolve its projects and energy practice in Latin America, applying its deep local knowledge and international expertise to key sector trends; this includes the further growth in renewables projects and the early-stage development of green hydrogen projects in the region. It remains a major player in oil and gas, advising on multiple engagements throughout the region, including transactions in Peru, Argentina and Brazil. In Colombia, the firm continues to be noted for natural gas and renewables matters, while the Chile team is a major player in mining and resources. Moreover, the Mexico City office has a long history in power and infrastructure, including the wholesale electricity market. Rio’s Ted Rhodes is a leading name in oil and gas and renewables, as are Carlos Hamann and Augusto Astorga  in Lima, and Daniel Rodríguez in Bogota. Mexico City’s Derek Woodhouse  and Enrique Lorente Ludlow  have outstanding reputations in power and renewables, especially electricity regulation.

Latin America: International firms > Banking and finance

CMS has a wide-ranging banking and finance practice in Latin America, given additional geographic coverage by its multiple offices in the region (Brazil, Chile, Peru, Colombia and Mexico). From acquisition financings to the development of fintech markets in key jurisdictions, the Latin America team benefits from the global firm’s standing and expertise in key segments, along with strong connections to top law firms in New York and elsewhere in North America. Its impressive client base includes private equity houses, corporates, government entities, banks and DFIs. Key partners include Fernando De Cárcer and Jorge Allende Destuet in Santiago, Daniel Rodríguez and Sergio Rodríguez-Azuero in Bogota, and Miguel Viale and Diego Peschiera  in Lima.

Latin America: International firms > Corporate and M&A

CMS has continued to cement its position in Latin America with local teams in Mexico, Colombia, Chile and Peru, and an international group in Brazil. The firm remains noted for its work in energy, including oil and gas, though with an increasing emphasis on renewables and energy transition sectors such as green hydrogen. Mining is another core strength, particularly in its Chile and Peru offices. Increasingly, the digital sector is an additional key area for many of the Latin America offices. The firm also continues to impress in private equity, especially in technology infrastructure segments – fibre optics, data centres and cell towers. Jorge Allende Destuet   and Ramón Valdivieso   are prominent names in M&A and private equity in Chile, Juan Carlos Escudero  is a key figure in Peru, Juan Camilo Rodríguez   is a leader in Colombia, and Ted Rhodes  has many years of experience in Latin America energy M&A, having led the Rio office since 2010.