Managing Partner: Claudio Berastain Quevedo
Senior Partners: Guillermo García Montúfar Sarmiento, Moisés Arata Solis, Julio H Salazar Calderón, Javier Venegas Martínez, Claudio Berastain Quevedo
Number of partners: 5
Number of associate attorneys: 20
Urban Planning & Real Estate: Moises Arata Solis, Claudio Berastain Quevedo, Julio H. Salazar Calderón
Litigation: Javier Venegas Martínez
Property Formalisation Programs: Guillermo Garcia Montufar
International Technical Cooperation: Laura Banda Saravia
Corporate & Tax Law: Juan José Peña Orellana
Insurance: Américo Hidalgo Gómez
Founded in 1987, Estudio De La Flor, García Montufar, Arata & Asociados Abogados is a law firm with extensive experience and a proven track record in various practice areas, with special emphasis on constitutional, urban and real estate, civil, corporate, administrative, tax and labour law, as well as litigation and alternative dispute resolution, including arbitration. The firm has developed an important expertise as legal counsel to governments worldwide in projects involving property formalisation of real estate and legal entities.
In addition to their practice at the firm, some lawyers teach at law schools of the most prestigious universities in the country. They write articles on current and relevant legal issues and lecture at conferences and seminars in Peru and abroad.
Main Areas of Practice:
Urban Planning & Real Estate:
The firm has outstanding attorneys specialised in various property-related legal practice areas, such as land-use planning, zoning, urban development, environmental protection regulation, urban renewal project design and management, title examination (title reports), construction, preparation of building codes, application of procedures for consolidation or division of lots, property title clearance, building regulation, property regulation privatisation of public enterprises.
Litigation & Alternative Forms of Dispute Resolution:
The litigation department is organised to meet the requirements of all types of litigation, before all levels of the court, as well as arbitration. The team advises on civil, commercial, contentious and administrative matter, constitutional and labour procedures. The firm encourages the use of alternative forms of dispute resolution such as arbitration, negotiation and mediation. Additionally, the firm provides advice on the process of compensation for contractual or extra-contractual damages.
Property Formalisation Programs:
The firm also specialises in providing advice to governments, government agencies, multilateral lending institutions, and private agencies with respect to the formalisation of real estate and business assets.
Counselling includes a diagnosis of the existing situation of informality in a given country or region and also the design of an institutional and legal reform, which includes preparing rules and regulations for the implementation of the reform, as well as the re-engineering or creation of new institutions in charge of the reform including training of those institutions’ staff.
The firm has extensive experience in the field of corporate law, including incorporations, reorganisations, mergers, liquidation of companies or subsidiaries, and planning the most appropriate strategies to structure real estate agreements.
Advice determining coverage of claim, assessment and analysis of the damage, drafting and interpretation of the insurance contracts; administrative, judicial and arbitration proceedings to claim for losses and liability, as well as for the implementation of bail policies.
The tax department advises on tax incidences generated in real estate transactions such as: fiscal planning of real estate and commercial projects, absolution of legal queries related to municipal, central government and sectorial taxation, implementation of solution and absolutions of legal queries of special tax regimes established on local and international legislation.
International Technical Cooperation (ITC):
The firm provides legal counsel to Non-Governmental Development Organizations (NGDOs), Entities and Institutions of International Technical Cooperation Constituted Abroad (ENIEX), associations, foundations, and other international cooperation agencies. The firm supports in their establishment and legal operation in the country and to carry out its activities.
Real estate investment in El Salvador, Haiti, Mexico, Egypt, and Tanzania, among others. Consultant at the World Bank and at the Institute of Liberty and Democracy (ILD) in the areas of administrative and civil law, among others.
Spanish, English, Italian.
Constant advising to the following clients on real state matters including negotiation of contracts, licenses and permits; as well, successful claims and defense on civil courts, constitutional and administrative proceedings: LDS Church (Aspersud), Los Portales, Marcan, Cencosud Group (Wong, Metro, Paris), C&J Constructores y Contratistas, Banco de Credito del Peru, Obrainsa, Viva GyM, UTEC, IPAE, Pacifico Seguros, Parque Arauco, Inversiones Centenario, AC Capitales, Credicorp Capital, Endesa Group, ENEL, Laive, Livit, Fondo de Inversiones Larrain Vial, Cementos Portland, Ceper, Industrias Fibraforte, Regatas Lima Club, América Televisión, Grupo TRILCE, Portalia, Naviera Petral, Puma Energy, PETROCORP S.A., T&C Group, Mall Aventura S.A., Mall Plaza Perú S.A., Mall Plaza Inmobiliaria S.A., Sandoval Group (Inmobiliaria Koricancha S.A.), INDUPARK, CMO Group S.A., Hochschild Mining Group (Minera Ares, DINO S.R.L., Cementos Pacasmayo), Rimac Seguros, HDI Seguros Perú, ACE Seguros Perú, MAPFRE PERÚ Cía. de Seguros, Welt Hunger Hilfe, Stromme Foundation, Friedrich Ebert Stiftung, Fundación Ayuda en Acción, Lutheran World Relief, Operation Underground Railroad.