Managing Partner: Eduardo Carmigniani
Partners: Pedro M. Pérez, Hugo García-Larriva, Carlos Andretta
Number of lawyers: 16
Corporate: Pedro M. Pérez
Corporate Governance: Carlos Andretta
Dispute Resolution: Eduardo Carmigniani, Hugo García-Larriva
Banking & Finance: Eduardo Carmigniani, Pedro M. Pérez
Mergers & Acquisitions: Pedro M. Pérez
Competition Law: Eduardo Carmigniani
Carmigniani Pérez offers its clients high quality and specialised 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, their 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 & 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, reorganisations, 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 & 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 minimising the economic impact on 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 & Finance:
Assistance in the negotiation and formalisation 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 & Aquisitions:
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 maximisation.
Representation of local and international buyers and sellers in investment projects, specialising 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 & 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 specialised 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.
English, French, German, Spanish.
Individual partners are members of the 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, and of the Ecuador Chapter of the ‘Club Español del Arbitraje’.
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.
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.