Firm Profile

Carmigniani Pérez Abogados

Latin America Guide 2024

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Carmigniani Pérez Abogados

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About

Provided by Carmigniani Pérez Abogados
Latin America

Managing Partner: Eduardo Carmigniani
Partners: Pedro M. Pérez, Alvaro Galindo, Hugo García-Larriva, Carlos Andretta, Roberto Carmigniani, Roxana Aguirre,Daniel Dziouba
Number of lawyers: 15
Languages: English, French, German, Spanish

Firm Overview:
Carmigniani Pérez offers its clients high quality and specialised services. It advises local and international clients, including multinational companies and financial institutions, 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, and for their pragmatic approach and ability to provide innovative solutions across many industries.

The partners 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 University San Francisco de Quito, Georgetown University and American University, in Washington, DC.

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 and continuous advice to shareholders and companies on the implementation of good corporate governance practices, 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 regulatory authorities.

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 judiciary and in arbitration proceedings. Carmigniani Pérez has successfully conducted some of the most noteworthy disputes in Ecuador and the region.

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, settlement agreements and mediation.

The firm is recognised for its extensive experience representing clients in all stages of the arbitration process: Evaluation, risk management and prevention of disputes, design of comprehensive strategies, during the procedure, execution or annulment of the award. Its strong bench of well-known and sophisticated lawyers acts 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.

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. 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 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. Representation in administrative proceedings before local antitrust authorities and in litigation before national courts.

Memberships:
Individual partners are members of the International Bar Association (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 ICC International Court of Arbitration, International Council of Commercial Arbitration (ICCA), and the Ecuador Chapter of the ‘Club Español del Arbitraje’.

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, credit cards, construction, infrastructure, food and drink producers, health care, media, pharmaceuticals, retail, real estate finance, telecommunications and energy sectors.

Contacts:
Corporate:
Pedro M. Pérez
Corporate Governance: Carlos Andretta
Dispute Resolution: Eduardo Carmigniani, Hugo García- Larriva, Alvaro Galindo
Banking & Finance: Eduardo Carmigniani, Pedro M. Pérez
Mergers & Acquisitions: Pedro M. Pérez
Competition Law: Eduardo Carmigniani

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