Firm / Organisation

García Sayán Abogados

Current View:
Also ranked in:

This content is provided by García Sayán Abogados.

Partners: Luis Gastañeta, Alberto Varillas
Number of partners: 11 (2 of counsel)
Number of associates: 20

Firm Overview:
García Sayán Abogados is one of the best known Peruvian law firms, with a long standing reputation of integrity and excellence. Its founder members were highly distinguished lawyers who worked in Lima since 1888. The firm provides first class legal service in all areas of the law, primarily, on corporate matters, compliance, civil law, taxation, hydrocarbons, energy and mining law, litigation (in court, administrative and arbitration), labour, foreign trade, immigration, environmental, patents and trademarks and competition law. It is especially active in international financial transactions and, in general, in issues related to domestic and international securities and capital markets. García Sayán Abogados is the only Peruvian member of Meritas, the largest worldwide affiliation of independent law firms. It is also an active member of the International Bar Association (IBA), the Asociación Interamericana de Propiedad Industrial (ASIPI), the International Trademark Association (INTA) and the International Fiscal Association (IFA). Locally, it is member of the American, British, Chinese and Chilean Chambers of Commerce and other representative business associations. It is listed and ranked in various international law directories such as Latin Lawyer, Chambers and Partners, IFLR 1000, Latin Lawyer and other specialised publications.

Main Areas of Practice:
Corporate matters; corporate finance, securities and capital markets; compliance; mining, energy and hydrocarbons; foreign trade; intellectual property; corporate criminal law; labour law, taxation.

International Work:
Recent transactions in which García Sayan Abogados has been involved include:
■ LDLM Investment LLC (a company incorporated in the United States of America): Legal assistance in the partnership with Compañía Cervecerias Unidas S.A. / Compañía Pisquera de Chile S.A. (companies incorporated in the Republic of Chile) in Americas Distilling Investments LLC, owner of the pisco brand BarSol. The amount of the deal is confidential
■ Camet Trading S.A.C., a Peruvian company leader in the trading of Hass avocado: Legal advice in the partnership with Westfalia Fruit International Limited (a company incorporated in the United Kingdom), worldwide leader producer and trader of avocado. The amount of the deal is undisclosed
■ Industrias del Espino S.A. , the major biodiesel producer in Peru. That had closed its factory in 2014 due to the subsidised and dumped biodiesel exported to Peru by Argentinian producers. Legal advice in 2 processes, one for anti-dumping measures and the other for countervailing duties. After two years of litigation before the national authority (INDECOPI), and with an active defence of the Argentinian government and biodiesel exporters, the firm won both cases. The Peruvian government applied very important antidumping and countervailing duties against Argentinian biodiesel. Imports of Argentinian biodiesel in 2016 was equivalent to US$1,250,000,000.00
■ Fundacion Obra Pia Jose Maria Sancho Davila: Legal assistance before the Supervisory Board of Foundations to carry out the sale of two properties owned by it. This advice involved the update of the registry of properties to be sold as well as all the actions before the Supervisory Board of Foundations in order to obtain the pertinent resolutions for its sale. Value US$ 2,375,000
■ Graña y Montero Petrolera S.A., legal assistance in two (2) administrative procedures against the Appeals Court for sanctions in energy and mines, from OSINERGMIN, demonstrating that Graña y Montero Petrolera S.A. had not committed an administrative infraction regarding compliance of minimum reserves of Liquid Petroleum Gas established by Peruvian legislation; by winning both administrative procedures, both fines were annulled
■ Quanta Services Inc. and subsidiary Servicios de Infraestructura del Peru (SIP): Advice in the purchase made by SIP of the 50% of the participations of Redes Andinas de Comunicaciones S.R.L. (“Redes”), a Peruvian sociedad comercial de responsabilidad limitada, owned by Winner Systems S.A.C. The transfer of one half of such participations was perfected at the time the Sale and Purchase Agreement was signed, while the transfer of the other 50% is subject to the consent of the Fondo de Inversión en Telecomunicaciones (“FITEL”), a Peruvian governmental agency. Winner is the operator of Redes in the Financing Agreement entered by Redes with FITEL in connection with the Cajamarca and Piura Tumbes regional telecom projects in Peru awarded in December of 2015. In connection therewith, the Teaming Agreement among Winner, SIP and Quanta Peru, the Joint Venture Operating Agreement among Winner, SIP and RAC, the Telecom Operations Services Agreement between Winner and RAC and the Indemnity Agreement between Winner and SIP, all of them coming from December 2015 were terminated. Likewise, Redes bylaws were completely amended to reflect that SIP has the control of REDES and that Winner profits are limited to certain amount until Fitel’s consent is obtained. Value: Confidential
■ Compañía de Minas Buenaventura S.A.A. and subsidiary Sociedad Minera El Brocal S.A.A: Advice in drafting and closing certain agreements whereby Buenaventura will provide audit services and compliance services to Brocal and will take charge of the sale of Brocal mineral production
■ Inversiones Benavides 777 and Shareholders: Legal assistance in the sale of its shareholding in Inversiones La Rioja S.A., including the Stock Purchase Agreement and a trust agreement. Value: US$ 48,000,000.00
■ Private Shareholder: Legal assistance in the negotiation of the sale contract of shares of a private shareholder that represents 8.44% of total Class A shares of Volcan Compañia Minera S.A.A. The purchaser was Glencore International AG. and the transaction took place in a public offer in the Lima Stock Exchange. Value: US$ 167,000,000.00
■ Instituto Peruano de Acción Empresarial – IPAE, legal assistance in the sale of the shares of the Servicio Educativo Empresarial S.A.C. (20%). As part of the transaction, the firm advised IPAE in the extrajudicial settlement agreement and thus avoid complaint of the Purchaser against IPAE about indemnity for US$ 2,500,000.00, US$ 6,530,000.00 plus other economic obligations

Corporate Finance, Securities, Banking & Capital Markets: Luis Gastañeta, Manuel Gastañeta
Mining: José Miguel Morales, Diego Grisolle
Energy & Hydrocarbons: Alberto Varillas
Foreign Trade & Corporate Criminal Law: Diego Calmet
Intellectual Property: Jaime Durand
Tax: Alfredo Gastañeta, Rossana Rodriguez
Dispute Resolution: Javier Villa Garcia, Agustín Yrigoyen


Total 1 contributions

Energy: Oil & Gas 2019 Law and Practice in Peru

Jose Miguel Morales, Alberto Varillas, Nancy Ogata Gutiérrez

Read now