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CMS GRAU

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Managing Partner: Juan Carlos Escudero
Senior Partner: Miguel Grau Malachowski
Number of partners: 26
Number of counsels: 4
Number of other lawyers: 65

Contacts:
Bankruptcy:
Michelle Barclay
Email: [email protected]

Competition/Antitrust/IP: Maria Delia Oxley
Email: [email protected]

Corporate/M&A, Finance & Capital Markets: Juan Carlos Escudero, Sergio Oquendo, Diego Peschiera, Miguel Viale
Email: [email protected] / [email protected] / [email protected] / [email protected]  

Dispute Resolution: Luis Alberto Liñan
Email: [email protected]

Environment: Paola Carbajal / Vito Verna
Email: [email protected] / [email protected]

Employment: Claudia Flecha / Cecilia Vargas 
Email: [email protected] / [email protected]  

Mining:
Liliana Pautrat, Patricia Gargurevich
Email: [email protected] / [email protected]

Oil & Gas: Jesús Abanto / Alejandro Diez-Canseco
Emails: [email protected] / [email protected]

Projects & Infrastructure: Michelle Barclay, Giancarlo Villafranqui
Emails: [email protected] / [email protected]

Real Estate: Patricia Camacho / Juan Pulgar-Vidal
Emails: [email protected] / [email protected]

Tax: Carlos Chirinos / Yessica Manzur / César Dávila / Adriana Kihara
Emails: [email protected] / [email protected] / [email protected] / [email protected]

Firm Overview:
One of Peru’s most prestigious and solid law firms, recognised for its innovation, creativity, and for providing groundbreaking legal and business solutions effectively meeting the needs of investors in a changing global economy.

Main Areas Of Practice:

Banking and finance, bankruptcy and restructuring, competition, compliance, consumer products, corporate/M&A, dispute resolution, employment and pensions, energy, environmental law, hotels and leisure, infrastructure and projects, insurance, intellectual property, life sciences and healthcare, mining, public procurement, real estate and construction, tax, TMC - technology, media and communications.

Bankruptcy:
Advising Trustee in China Fishery’s Chapter 11 case in relation to Peruvian assets
■ Advising major Spanish company in bankruptcy filings against a concession company involving one of their most important investments in Peru
■ Advising foreign strategic creditor in Doe Run Peru’s liquidation proceeding

Competition/Antitrust/IP:
■ Recognition of ‘Tottus’ as well known trade name and trademark before the Specialized Chamber of Intellectual Property of INDECOPI
■ Advice to Unilever on an important process for alleged unfair competition 

Corporate / M&A, Finance & Capital Markets:
■ Advised Sun Dreams S.A. in the acquisition of 100% of shares in Thunderbirds’ Peruvian casino companies and the associated real estate property involving one of the largest casinos in Lima City
■ Advised Fenix Power Perú S.A. in the issuing of 4.37% senior notes due 2027 for US$340m under rule 144A/Reg S

Dispute Resolution:
■ Advised operating electricity company in the arbitration process initiated by the delayed construction and implementation of a hydroelectric plant in northern Peru
■ Advised ‘Las Bambas’ on civil and criminal legal proceedings related to a social conflict against the mining project (one of the most important projects in Peru). The strategic advice to solve the controversy represents a milestone in mining social conflicts in Peru 

Environmental:
■ Compliance evaluations on eight mining units of Compañía de Minas Buenaventura, including the identification of their legal compliance gaps and opportunities to improve on occupational health and safety, environmental and mining regulations
■ Software platform implementation for all mining operations, in order to update legal requirements applicable to their operations in real time

Employment:
■ Advising Sodimac Peru in the homologation of its contractors on Occupational Health and Safety, and executing management planning for contractors according to current regulations
■ Advising Colbun in the implementation of a labour acquisition strategy of Fenix Power Peru S.A., performing a comprehensive review and analysis of occupational health and safety matters

Mining:
■ Advice to Ontario Teachers’ Pension Plan in the incorporation of BaseCore Metals, a 50:50 joint venture limited partnership focused on base metals streams and royalties, with Glencore Canada Corporation. Glencore contributed a portfolio of selected royalties (approx. US$ 300m) and OTPP contributed cash. The royalty portfolio includes a selection of existing royalties on producing and development stage properties in North and South America
■ Advice to Osisko Gold Royalties Ltd., in a transaction involving high-quality precious metals portfolio of rights and assets from Orion Mine Finance (approx. CAD$ 1.125bn). The portfolio comprised royalties, streams and precious metal off-takes. The royalty portfolio in turn included royalties over Peruvian projects

Oil & Gas, Electricity:
■ Currently advising Enagas Internacional S.L.U, on several matters regarding Gasoducto Sur Peruano S.A., Transportadora de Gas del Perú S.A. and Compañía Operadora de Gas del Amazonas S.A.C
■ Advising Repsol in several regulatory and commercial issues concerning the operation of La Pampilla refinery
■ Advice to PETROPERU in the association with GEOPARK for the operation of Block 64 in the Peruvian Rainforest

Projects & Infrastructure:
■ Advice to World Bank – PROINVERSIÓN – in structuring Transit Oriented Development (TOD) by way of a PPP involving one of the main public transportation projects in Lima
■ Advising international construction companies in PPP projects
■ Advising Proinversion in the concession process of Salaverry multipurpose port in Peru 

Real Estate:
■ Advising Enel Green Power Perú on the diagnosis, regularisation and acquisition of primary rights in order to develop their nationwide projects for US$ 500m
■ Advising Falabella Group in the preparation and negotiation of transfer of ownership and real estate rights for US$ 40m and the total minimum annual payment on real estate rights for US$ 4m 

Tax:
■ Advising Votoramtim Metais Cajamarquilla in a claim against Local Government for an excessive charge of property taxes
■ Advising Consorcio Transmantaro regarding its investment agreement executed with Proinversion, related to the concession of transmission lines and substations