CMS Grau > Lima, Peru > Firm Profile

CMS Grau
AV. SANTA MARÍA 110
MIRAFLORES
LIMA 18
Peru

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.

Practice head(s):

Michelle Barclay

Testimonials

Comprehensive advice from the beginning of the bankruptcy process to the date on which the appointment of the liquidator was made.’

Constant communication with the company giving the guidelines of the process and monitoring the schedule of activities prior to the appointment of the liquidator.’

CMS Grau has a consolidated team, focused on satisfying the needs of the client, attending to and understanding the logic of the business and business strategy.’

Michelle Barclay and Víctor Farro are experts on their subject. Both handle not only the procedures and legal issues, but also take into account the business and economic aspects.’

Good lawyer-client relationship.’

Flexibility of charging fees.’

Experience in the matter, direct and clear treatment with clients.’

Key clients

Michael E Foreman (as Plan Administrator – China Fishery Group)

Enagás Group

Depósitos Químicos Mineros (Odfjell Terminals)

Inversiones Corporativas Gamma

Superintendencia Nacional de Educación Superior Universitaria

Ocean Partners

Tubos y Perfiles Metalicos

Work highlights

  • Advising Michael E Foreman, as the plan administrator of China Fishery Group’s Chapter 11 proceedings.  
  • Providing legal advice to the Enagas Group in relation to bankruptcy filings and litigation against a concession company that was awarded one of its most important investments.
  • Advising Depositos Químicos Mineros on a bankruptcy case being handled by the Peruvian Bankruptcy Authority.

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).

Practice head(s):

Carlos Hamann; Augusto Astorga; Ramos Huapaya

Testimonials

‘Great work, great team, always available‘.

‘Professional quality service’.

‘Closeness to the client, proven experience and technical knowledge of the sector‘.

‘Good responsiveness and industry knowledge’.

Key clients

Enagás Internacional

Repsol Exploración (Peru branch)

Schlumberger del Perú

Shell Operaciones Perú

CNPC Peru (Chinese NOC subsidiary)

SK Innovation (Peru branch)

EDF Perú

BP Exploration Operating Company

Baker Hughes International Operations

Pluspetrol Perú Corporation

Peru LNG (operated by Hunt Oil)

Repsol – Refinería la Pampilla

Perenco

Gases del Norte del Perú (GASNORP)

Petróleos del Perú S.A. – PETROPERÚ

Gases del Pacífico

Tullow Oil

Transportadora de Gas del Perú

Nouvo Pignone International (Peru branch)

SCDM Energy

Compañía Operadora de Gas (COGA)

Olympic Peru

Okra Energy

Graña y Montero Petrolera (GMP)

Savia Perú (KNOC & Ecopetrol)

Consorcio Terminales / Terminales del Perú (GMP + Oiltanking)

International Naval Surveys Bureau – INSB Class

Derco Perú

Petrolera Monterrico

T-Rex Engineering & Construction

Work highlights

  • Advising Enagás on the recovery of its investments in Gasoducto Sur Peruano (GSP).
  • Advising Tullow Oil PLC / Tullow Peru on the termination of four oil exploration licenses for offshore Peru, Blocks Z-38, Z-64, Z-67 and Z-68.
  • Advised Petroperu on the negotiation with Perupetro regarding the on-shore exploitation contract of Block 192, Peru’s highest oil-producing block.

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.

Practice head(s):

Raúl Ravina; Carolina Gajate; Javier Pulgar Vidal; Roberth Rojas

Testimonials

‘Great experience in real estate issues from the municipal, registry, environmental and regulatory fronts in general‘.

‘They know how the different authorities think and they know the jurisprudence, specific regulations and most recent opinions‘.

‘Raúl Ravina has formed a team that provides creative, legal and practical answers‘.

‘Having technicians who deal with land registry issues, plans and measurements is a plus that differentiates it from other firms‘.

‘Raúl Ravina has outstanding knowledge on this subject‘.

‘It is a team made up of great professionals, very well trained and prepared‘.

‘They have a very good level of knowledge of the sector’.

‘Very creative in solutions and a lot of experience in the issues they handle’.

Work highlights

  • Advising Queirolo Group on the sale of real estate and assets to Sobifruits.
  • Continuing to advise Minera Las Bambas on the legal physical diagnosis; property remediation; negotiation strategy; and land acquisition of copper mega-project “Las Bambas”.
  • Advising Provias on the acquisition of properties related to five major infrastructure road projects which involved an investment of millions of dollars.

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.

Practice head(s):

Carolina Cueva

Key clients

Corporación Breca

Marcobre

Corporación Peruana de Productos Químicos

Enagás Perú

Ferrovial Agroman Sucursal del Perú

Solvi Essencis Ambiental

Indeco

Consorcio Internacional Wayra

Limautos Automotriz del Perú

Gold Fields La Cima

Cementos Pacasmayo

Scania del Perú

Pan American Silver

Inmobiliaria Miraflores Perú

Cruz del Sur

Hudbay Peru

Work highlights

  • Acting for Corporación Breca on the simultaneous auditing of nine different business lines, resulting in more than 70 audited areas and more than 90 hours of interviews.
  • Advising Minsur’s compliance officer on a day-to-day basis on all matters relating to compliance.
  • Advising PanAmerican’s compliance officer on a day-to-day basis on all matters relating to compliance.

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.

Practice head(s):

Cecilia Gonzáles

Key clients

Anacortes Mining Corp

Copperex Resources Corp

Jex technologies Corp

Mountain Minerals Perú

Hannan Metals

Goldfields La Cima

Solaris Resources (Formerly Lowell Copper)

Anglo American

Río Tinto

Nexa Resources Perú

Sumitomo Metals Mining Perú

Minera Las Bambas

Compañía de Minas Buenaventura

Macusani Yellowcake

Wheaton Precious Metals Corp

Compañía Minera Santa Luisa

Compañía Minera Lincuna

Humon Latin America

Osisko Gold Royalties

Franco Nevada Corporation

Work highlights

  • Advising 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.  
  • Assisted Franco Nevada with the negotiation and closing of a secured precious metals stream on production from the Condestable mine in Peru, for an up-front payment of $165m.
  • Assisted Osisko Gold Royalties with the negotiation of its strategic partnership deal with Regulus Resources; the company’s AntaKori Project comprises existing royalties over various mining concessions.

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.

Practice head(s):

Vito Verna

Testimonials

‘The team sees the way to solve the client’s problems, they always think outside the box and come up with creative solutions‘.

‘Knowledge and experience, and good availability‘.

Key clients

Compañía de Minas Buenaventura

Arca Continental Lindley

Kimberly & Clark

Pan American Silver

Minera las Bambas (MMG Limited)

Terpel

Coga (TGP)

AngloAmerican (Mina Quellaveco)

Compañía Minera Antamina

AB Inbev

Minera Bateas (Fortuna Silver Mines)

Minera Chinalco

Goldfields

Hudbay Minerals

Impala Terminals

Komatsu

Lima Airport Partners

Minsur

Nexa Resources

Rio Tinto

San Martin

Savia Perú

Tecnológica de Alimentos

Unacem

Unicon

AGP Glass

BASF

Cobra

Hipermercados Tottus

Quimtia

Weir Minerals Perú

Miski Mayo

Nestle Perú

Compañía Minera Kollpa

AESA

Compañía Minera Zafranal

Glencore

Empresa Generadora Huallaga

Autopista Norte

Unna

Gases del Pacífico

Terminales del Perú

Arpe

Seche Group

Work highlights

  • Glencore hired the  firm’s “GEORGE” service for the automated, real-time and remote identification of its legal requirements in environmental, mining, and occupational health and safety for its Antapaccay mining units.
  • Advising Corporación Lindley on water resources, environmental responsibility, sanctioning procedures, the execution of closure plans for industrial plants, and regarding environmental complaints, in addition to regular attention to the identification of requirements legal, compliance evaluations and consulting.
  • Advising Kimberly Clark on the identification of legal requirements to systematise and update the company on a monthly basis, both in terms of environmental matters, and safety and health at the workplace; the company also requested an assessment of the effectiveness of the implementation of its legal requirements within the framework of ISO 14001 and OHSAS 18001.

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.

Practice head(s):

Ramón Huapaya

Testimonials

‘Ramón Huapaya is a good reference for administrative sanctioning law in the academic field; he is definitely a plus that not all firms have.’

Key clients

General Electric (GE) Healthcare

Luz del Sur

Enel Distribución

Entel Peru

Savia Peru

Solgas

Telefónica del Perú

Compañia Minera Antamina

Work highlights

  • Providing advice to General Electric (GE) Healthcare in a controversy against public entity Seguro Social de Salud (ESSALUD), regarding a breach of contract.
  • Representation of Savia Peru in all its administrative sanctioning procedures before energy agency OSINERGMIN and environmental agency, OEFA.
  • Providing advice to Enel Distribución Perú regarding a contentious matters with Azteca Comunicaciones Perú before the Collegiate Body of the Supervisory Body of Private Investment in Telecommunications (OSIPTEL).

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.

Practice head(s):

Juan Carlos Escudero; Miguel Viale; Diego Peschiera

Testimonials

‘Great service, very close to the customers and the bank’.

‘They have a very good level of negotiation and interrelation with other firms that are counterparts’.

‘Very creative in solutions and a lot of experience in the issues they handle, especially Miguel Viale’.

‘The CMS Grau team shows great knowledge in the field in which we work’.

‘Highly professional and agile’.

‘As a plus, I would highlight the deep knowledge they have in the field in which we normally work with them’.

‘Provides us with an excellent service by connecting us with the correct specialists to answer the questions we have’.

Key clients

FMO

BBVA

Banco Santander

CAF – Development Bank of Latin America

Banco Internacional del Perú (Interbank)

Mizuho Bank

Credicorp Capital

Scotiabank Peru

Banchile Administradora General de Fondos

Transelec

Work highlights

  • Advised Boart Longyear on the restructuring of two international loans (aggregate value: $138m) granted by various senior lenders, with PNC Bank, National Association and HPS Investment Partners acting as collateral agents.
  • Advised Credicorp/BCP on a loan to Delosi, Cindel, Lasino and Telepizza Andina (all companies of Delosi Group); the proceeds of the loan were used to restructure the borrowers’ debt.
  • Advice to Scotiabank del Perú on the negotiation of the terms and conditions of a medium term loan facility granted by Scotiabank del Perú to Olympic Perú.

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.

Practice head(s):

María Delia Oxley; Ramón Huapaya

Key clients

Unilever NV

SKberge Retail

Inmobiliaria Caral

Sky Airlines

Franquicias Alimentarias

Enotours Perú

Copa Airlines

KLM

Banco Falabella

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.

Practice head(s):

Juan Carlos Escudero; Miguel Viale

Testimonials

‘Fast answers. Advice always correct. They thoroughly research topics before recommending anything’.

‘Miguel Viale is a very good corporate lawyer’.

‘They are very proactive and have a very good level of negotiation and interrelation with other studios that are the counterpart’.

‘Very creative in solutions and a lot of experience in the issues they handle, especially Carolina Gajate’.

Key clients

Transelec

Derco Perú

Unilever

Sun Dreams

Grupo Mate

Grupo Falabella

Grupo El Comercio

Elevar Investments

Charles Taylor

Enagás

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.

Practice head(s):

Ramón Huapaya; Carlos Hamann; Augusto Astorga

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

Work highlights

  • Representing Luz del Sur before regulator OSINERGMIN in a case involving the adequate reimbursement of contributions made by citizens.
  • Advising ENEL Distribución Perú on contentious administrative proceedings before  telecoms regulator OSIPTEL, in the context of a controversy with Azteca Comunicaciones Perú.
  • Conducted the legal representation of Empresa de Generación Huanza in a procedure to eliminate bureaucratic barriers against the National Water Authority for the imposition of an illegal requirement for obtaining a water use permit.

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.

Practice head(s):

Testimonials

‘Human value is the main virtue of the firm, since it has professionals who not only have knowledge of the rules and are constantly updated, but also have experience and criteria that make the interpretation of the rules as accurate as possible.’

‘Very good judgment when interpreting the rules. Extensive knowledge of national regulations, and its evolution over time, which allows them to issue accurate diagnoses about any query or circumstance. Great handling of critical scenarios such as a strike or union negotiation.’

Key clients

Petrex (SAIPEM)

Baker Hughes International Operations del Perú

Ferrovial Construcción, Sucursal del Perú

ALS Perú & ALS LS

Rio Tinto Group

Solgas

Schlumberger del Perú

KLM, Compañía Holandesa de Aviación

Unilever

Shell Operaciones Perú

COPA Airlines

Sentient Natural Colors

MSA

Edificaciones Inmobiliarias

ITOCHU

ZTE Corporation

Sociedad Punta de Lobos

Santiago Queirolo

Santa Ursula School

Soluciones Inmobiliarias Morada

Compañía Operadora de Gas

PDC Comercial

Banco de Crédito (BCP) and La Fiduciaria

Metso-Outotec

Enagas

Work highlights

  • Advised Grupo El Comercio on the sale of all the shares of Orbis Ventures SAC and its Ecuadorian subsidiary Orbisventures EC undertaking a vendor due diligence and handling the preparation, review and negotiation of transaction documents.
  • Commissioned by Solgas to handle more than 180 labor lawsuits and administrative procedures.
  • Commissioned by Petrex to represent it in a package of more than 550 judicial processes.

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.

Key clients

S.A. de Obras y Servicios, COPASA

Ghesa Ingeniería y Tecnología

Tullow Oil PLC / Tullow Peru Limited, Sucursal del Perú

BP Exploration Operating Company Limited

Petróleos del Perú – Petroperu

Autopista del Norte

Concesionaria de Proyectos de Infraestructura

Inversiones San José

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.

Practice head(s):

Testimonials

‘The advantage that the CMS Grau studio has is that it has known us for many years. You can get better at proposing new initiatives based on that knowledge.’

‘César Dávila is always attentive to attend to the issues that are required of the group.’

Key clients

ISA Interconexión Electrica

Derco Perú

Sentinel Perú

Fridays

Panoro Apurimac

Maxima Internacional

Belltech

Lumni

Empresa Editorial El Comercio

MSA del Perú (MSA Group)

Nikken (Mexican Group)

Globenatural Internacional

Indus

Sensient

Falabella Group (Saga Falabella, Open Plaza, Tottus, Tiendas de Mejoramiento del Hogar, among others)

Inmobiliaria Morada

Tupemesa

Auplata

Ubits Learning Solutions

Alomar Servicios Médicos

Emerson Electric Co

Coelvisac (Consorcio Eléctrico de Villacuri)

EDF

Inmobiliaria Pardo 200

Work highlights

  • Advised EDF on transfer pricing matters and provided advice on the analysis of intercompany contracts from France to Peru.
  • Advised Grupo El Comercio on the sale of all the shares of Orbis Ventures and its Ecuadorian subsidiary Orbisventures EC – operating companies of PagoEfectivo (payment gateway).
  • Advised Tupemasa on the income tax audit of 2019 that involves more than four million contingencies for the company.

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.

Practice head(s):

Luis Alberto Liñan

Testimonials

‘CMS Grau has an excellent team in many areas’.

‘CMS Grau has an excellent mining regulatory area that complements the other areas, especially the procedural area. In that sense, Raúl Ferreira is a great lawyer’.

‘Alessandra Cocchella adds her great experience in other studios to the procedural area, which was already good with Luis Manrique’.

‘Luis Alberto Liñán is an excellent lawyer’.

‘The understanding of each case is carried out in record time. Good management in judicial entities.’

‘Practicality, agility and precision in taking action.’

Key clients

Volcom Capital

La Fiduciaria

GE Healthcare del Perú

Asociación Promotora de Apostolado (APRODEA)

Calidda Gas Natural del Perú

Repsol Energy

Estructura Industriales

Oficina de Normalización Previsional

MINCETUR

Shell GHC Perú

Huawei del Perú

Kimberly Clark Perú

Quimpac

Asociación Civil San Juan Bautista

Sura Asset Management (Real Estate Income Investment Fund)

Gold Field La Cima

Minera Las Bambas

Banco de Crédito del Perú

Compañía Minera Buenaventura

Work highlights

  • Acting for GE Healthcare in an arbitration process against EsSalud in which the client is objecting against imposed penalties from a technical-legal point of view.
  • Advice to the Apostolate Association (APRODEA) in an arbitration process by which it intends to recover possession of a property along with the collection of debts.
  • Advising Peruvian gas distribution company Cálidda (a subsidiary of Grupo Energía de Bogotá) in an arbitration initiated by a Colombian contractor, J&C Inelmec Asociados, through which the latter seeks payment of $1.5m for alleged breaches of contract.

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.

Practice head(s):

Ted Rhodes

Key clients

PetroRio

Solar Access

SacyrWeir Group

Enegix

Pipeline Technique

Gas Liquids Engineering

ENI

Typsa

HydraWell Intervention

Repsol

Auding

Work highlights

  • Advised Tullow Oil on the termination of four oil offsore exploration licenses in Peru.
  • Advised Enagás, in its role as majority shareholder of GNL Quintero, on the corporate restructuring of the shareholdings in this Chilean gas terminal operator and distributor.

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.

Key clients

Commerzbank

Bank Polska Kasa Opieki

Scotiabank

BBVA

Banco Santander

Credicorp

AKA Bank

IDB Invest

Agence Française de Developpment (AFD)

CAF – Development Bank of Latin America

Work highlights

  • Advised the Spanish branch of Banco Santander on the structuring, negotiation and drafting of a Colombian law-governed receivables operation with Telefónica.
  • Advised Volcom Capital on the $200m refinancing of its current portfolio, including Arte Express (real estate), Savar (logistics), Llaxta (real estate), and Esmetal (a producer of structures for heavy industry).
  • Advised KKR on the financing for its acquisition of a 60% stake in Telefónica Chile’s fibre optic network.

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.

Practice head(s):

Ted Rhodes

Key clients

Eaton Corporation

CTS Eventim

Weir Group

Agon Capital

Garrett Motion

GetYourGuide

KKR

Blackstone

BP exploration Mexico

Movyon (Autrostade per l’Italia)

Dreams

Suez Chile

Worcester Energy

Work highlights

  • Advised KKR (in conjunction with New York counsel Simpson Thacher & Bartlett LLP) on the acquisition of a 60% interest in Telefonica Chile’s fiber-optics network.
  • Advised Dreams on the structuring and negotiation with Enjoy, of the terms and conditions under which the two companies may conduct a strategic business combination involving Enjoy’s and Dreams’ gaming businesses and casinos in Argentina, Chile, Uruguay, Panama and Peru.
  • Advised an international payment technology company on the acquisition of a leading payment solution provider in Latin America, including operations in Mexico, Colombia, Brazil, Peru and Chile.

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, 30 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
Tax Yessica Manzur
Dispute Resolution Alessandra Cocchella
Real Estate Juan Pulgar-Vidal
Real Estate Roberth Rojas
Corporate / TMC Juan José Hopkins
Administrative Nestor Shimabukuro
Oil & Gas Jesús Abanto
PhotoNamePositionProfile
Jesús Abanto photo Jesús AbantoPartner of the Energy, Gas & Oil area of CMS Grau.
Marité Aragaki photo Marité AragakiPartner at the Mining and Life Sciences practice areas. She specialises in…
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,…
Alessandra Cocchella photo Alessandra CocchellaPartner of Dispute Resolution: Litigation and Arbitration
Carolina Cueva photo Carolina CuevaPartner and head of Compliance.
Juan Carlos Escudero photo Juan Carlos EscuderoManaging partner and cohead of the Banking and Finance, Corporate and M&A…
Victor Farro photo Victor FarroPartner at CMS Grau’s Bankruptcy & Insolvency practice.
Raúl Ferreyra photo Raúl FerreyraPartner 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 GonzálesPartner 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,…
Juan José Hopkins photo Juan José HopkinsPartner of the Corporate M&A and TMC area. He is an expert…
Ramón Huapaya photo Ramón HuapayaPartner and head of the public law practice area. He specialises in…
Luis Alberto Liñán photo Luis Alberto LiñánPartner and head of the Dispute Resolution practice area. He specialises in…
Yessica Manzur photo Yessica ManzurYessica co-heads the Tax practice and is an expert in international taxation.
Miguel Mena photo Miguel MenaPartner 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 PeschieraPartner and cohead of the Banking and Finance, Corporate M&A and Capital…
Juan Pulgar-Vidal photo Juan Pulgar-VidalReal Estate Partner
Raúl Ravina photo Raúl RavinaPartner and cohead of the Real Estate & Construction Practice. Specialises in…
Roberth Rojas photo Roberth RojasReal Estate Partner
Nestor Shimabukuro photo Nestor ShimabukuroPartner of the public law practice area. He specialises in administrative law,…
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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Lawyers : 88
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