Carmigniani Pérez Abogados > Guayaquil, Ecuador > Firm Profile

Carmigniani Pérez Abogados
AV 9 DE OCTUBRE 100
EDIFICIO LA PREVISORA, OF. 2202
GUAYAQUIL
Ecuador

Ecuador > Dispute resolution Tier 1

Carmigniani Pérez Abogados remains a leader in disputes and is very highly-regarded for its expertise when representing foreign and domestic clients in arbitration before the ICC and domestic forums. With ‘excellent litigators’, the practice also acts in a range of proceedings, with recent cases ranging from annulment challenges to large-scale litigation in the construction sector. Hugo García-Larriva is active in this regard; he co-heads the practice and recently lead a case on behalf of Sinohydro by filing four claims against Ecuador’s General Comptroller's Office in connection with an infrastructure project. Expert arbitrator Eduardo Carmigniani and fellow arbitration specialist Álvaro Galindo co-lead the practice alongside García, with Galindo having joined the firm from Dechert LLP’s Washington DC office in January 2021. Further changes to the team include the promotion of Daniel Dzioba to the partnership in January 2022, and the departure of former senior associate Priscilla Falconi  to Falconi Puig Abogados in July 2021.

Practice head(s):

Eduardo Carmigniani; Hugo García-Larriva; Alvaro Galindo

Key clients

Conecel

Power China

Holcim Ecuador

SBA Communications

Valango

Cervecería Nacional

Sociedad Matriz SAAM

Urbaser

Consorcio Hospital Machala

Inversiones Inmobiliarias IGSA

Luzar Trading

Mapfre

Steen International

ZTE

Proenergy Services

Guillermo Lasso Mendoza

Superdeporte

Equinox

Mundo Deportivo Medeport

Dinadec

Conservas del Mar

Ecuador > Banking and finance Tier 3

Carmigniani Pérez Abogados acts for a range of banks, investment funds and corporate borrowers. Roxana Aguirre Avilés has a broad corporate and finance practice that ranges from contracts and company law to banking, finance and capital markets’ matters – particularly notes issuances and securitisation. Senior partner Pedro Pérez advises on banking regulatory matters, and also handles financial due diligence – particularly for interbank loans; fellow name partner Eduardo Carmigniani also has a banking and finance aspect to his practice.

Practice head(s):

Roberto Carmigniani

Ecuador > Corporate and M&A Tier 3

The 16-strong, Guayaquil-based Carmigniani Pérez Abogados has a close focus on corporate and M&A along with the complimentary areas of banking (and finance), competition, corporate risk management and dispute resolution. The team is led by dual-qualified (Ecuador/New York) founding partner Pedro Pérez, whose corporate practice centres on inbound matters and foreign investment; his recent mandates include asisting Chilean group SAAM with the $9.26m acquisition of a gantry crane from Shanghai Zhenhua Heavy Industries – a mandate on which he also undertook the financing aspects. Litigator Daniel Dziouba (who was raised to the partnership in January 2022), also handles M&A advisory matters and financings; while at associate level, key support is provided by dedicated corporate and transactional practitioner, Alfonso Trujillo. Former senior associate Priscilla Falconi left the firm in mid-2021.

Practice head(s):

Pedro Pérez

Key clients

Credimatic

Banco Bolivariano

Oro Verde Hotels

Inarpi

Ecoventura

Canodros

Berlin Group

Consorcio Ecuatoriano de Telecomunicaciones

Sinohydro Corporation

Expalsa

Work highlights

  • Advised Banco Bolivariano, Banco Internacional, and Produbanco in the sale of their shares in a leading credit card processing company, to a Spanish group for $7.5m.
  • Advised Inarpi on the purchase of a ship-to-shore handling gantry crane for $9m, as well with the financing of said operation with Banco Santander.
  • Advised Oro Verde Hotels in the negotiation and acquisition of a hotel in Ecuador for $1.3m.

Ecuador > Labour and employment

Carmigniani Pérez Abogados primarily advises clients on the preparation of internal labour regulations and has an additional focus on defending these before labour and social security authorities; co-practice heads Carlos Andretta  and senior associate Francesco Molestina  are the key points of contact.

The firm: Carmigniani Pérez offers its clients high quality and specialized services. It advises local and international clients, including multinational companies and financial institutions, facilitating their business activities in Ecuador within a framework of security and legal guarantees.

The team of lawyers is distinguished for their professionalism, its knowledge and understanding of clients’ business and needs, as well as for their pragmatic approach and ability to provide innovative solutions across many industries and in key sectors of the Ecuadorian economy.

The partners of the firm regularly participate as speakers at conferences, lecturers at universities and are authors of books and publications related to the main areas of practice of the firm. Some associates are professors or assistant professors at the Universidad San Francisco de Quito.

Carmigniani Pérez is praised for responding effectively and timely, giving comprehensive assistance on clients’ various demands with a clear and direct criterion about their expectations.

Quality and value are assured by the personal involvement of partners in all cases.

Main areas of practice
Corporate and corporate governance: Timely or continuous advice to shareholders and companies on everything related to the development of their activities and on the implementation of good corporate governance practices. Experience in general matters, starting from the design process of the most convenient business structure to the liquidation of companies, including incorporations, statutory amendments, changes in equity, reorganizations, mergers, as well as negotiating and structuring commercial transactions. The firm’s practice is multidisciplinary, complementing the advice on labour matters, conflicts among shareholders, competition, equity restructuring and processes before the control authority.

Litigation and arbitration: Practical and effective solutions regardless of the level of complexity of the dispute in all types of litigation, before all levels of the court and in arbitration proceedings. Carmigniani Pérez has successfully conducted some of the most noteworthy disputes in Ecuador. The department advises on civil, commercial, banking, contentious, administrative and constitutional procedures. The team focuses on minimizing the economic impact on our clients’ business operation, even encouraging the use of alternative forms of dispute resolution such as negotiation, transactional agreements and mediation.

The firm is particularly recognised for its extensive experience representing clients in all stages of the arbitration process, from evaluation, risk management and prevention of disputes, design of comprehensive strategies, during the procedure, to the execution or annulment of the award. Its strong bench of well-known and sophisticated lawyers act as arbitrators and counsellors before domestic and international arbitration tribunals such as ICC, ICSID, CIAC, AMCHAM and under other international rules such as UNCITRAL.

Banking and finance: Assistance in the negotiation and formalization of financing structures as debtors, creditors or structurers, in and out of the banking system and the local stock market. Advice on financial and banking operations, acquisition financing transactions, long-term credit facilities, and transactions related to multilateral financing for economic development, trade and integration projects arising from international organisations. Claims and defence before courts and local administrative procedures.

Clients include main Ecuadorian commercial banks, private investment funds, venture capital funds, credit card operators, investment banks and credit institutions as investors and borrowers. Carmigniani Pérez advised in the largest loan transaction granted by the IDB in Ecuador.

Mergers and acquisitions: Experience in the acquisition and transfer of companies, the combination of businesses, as well as on the structural design of mercantile mergers and splits within regulated and unregulated industries. The firm supports clients throughout the transaction process, from the term sheet preparation to completion, ensuring compliance with corporate, regulatory and competition requirements, focusing on risk reduction and value maximization.

Representation of local and international buyers and sellers in investment projects, specializing in the acquisition of Ecuadorian companies by foreign corporations. Carmigniani Pérez advised on the most relevant selling process of an Ecuadorian company to a multinational group in the last few years.

Competition and antitrust: Prevention and effective risk management in matters of free competition, unfair competition, restrictive practices of competition and consumer protection. The team combines legal, economic and business expertise to provide specialized advice in the application of antitrust rules.

Guidance and representation in investigations on alleged anti-competitive conduct, approval of concentration operations between Ecuadorian companies, as well as in cross-border and industry transactions requiring coordination with the regulatory agency.
Defense in administrative proceedings before local antitrust authorities and in litigation before national courts.

International work: Carmigniani Pérez regularly counsels domestic and international clients in complex cross-border and multinational transactions and arbitrations. It has established close working relationships with law firms from all around the world.

Clients: The firm has long-standing professional and valued relationships with clients in the bank, financial services, construction, infrastructure, food and drink producers, health care, media, pharmaceuticals, retail, real estate finance, telecommunications and energy sectors.

Managing partner: Eduardo Carmigniani
Partners: Pedro Manuel Pérez, Hugo García-Larriva, Carlos Antonio Andretta Schumacher, Roberto Carmigniani, Roxana Aguirre, Alvaro Galindo, Daniel Dziouba
Number of lawyers: 15

Established in 2010

DepartmentNameEmailTelephone
Corporate/Corporate Governance Pedro Manuel Pérez
Corporate/Corporate Governance Carlos Antonio Andretta Schumacher
Dispute Resolution Eduardo Carmigniani
Dispute Resolution Hugo García-Larriva
Dispute Resolution Alvaro Galindo
Banking & Finance Eduardo Carmigniani
Banking & Finance Pedro Manuel Pérez
Mergers & Acquisitions Pedro Manuel Pérez
Competition/Antitrust Eduardo Carmigniani
PhotoNamePositionProfile
Eduardo Carmigniani photo Eduardo CarmignianiPartner-Director. Founder
Pedro M. Pérez photo Pedro M. PérezPartner. Founder
English
French
German
Spanish
IBA
Advisory Council of the Center of Arbitration and Conciliation of the Chamber of Commerce of Guayaquil
The Latin American Group of the ICC International Court of Arbitration
The Ecuador Chapter of the “Club Español del Arbitraje"

A global environment and a society that aims at equality and cultural, gender, geographical and generational diversity only enriches the project we are creating.

Pérez-Llorca is made up of professionals from more than 17 different nationalities across three continents and 52% of our lawyers are women.

These diverse working teams enable us to produce the best and most innovative results.