García Sayán advised Quanta Services through a Peruvian subsidiary participated in consortium (Quanta holding 50% of the consortium), in biddingprocess organized by PRO INVERSION and has been awarded with two contracts for the installation of broadband for communications in Piura and Cajamarca. We have been responsible of the corporate structure of the transaction.The value was of US$ 248,105,650.00. For further information you can enter the link:http://www.fitel.gob.pe/noticia-adjudicacion-proyectos-instalacion-banda-ancha-para-conectividad-integral-desarrollo-social-regiones-tumbes-piura-cajamarca-cusco.html
GARCIA SAYAN advised Chilean Cencosud, one of the major retail companies in Latin America, in the sale of their 47 pharmacies located in its Wong and Metro stores to Mifarma, a national pharmacy corporation. Mifarma is a subsidiary of Quicorp Group with over 75 years of experience in Latin America. The firm’s participation included the review, comments and negotiation of the sale contract that included the pharmacy business and assets, as well as a trademark sale agreements and locations, as well as tax and labor advice. The value of this deal is confidential. For further information you can enter the link:http://elcomercio.pe/economia/negocios/cencosud-vende-47-farmacias-peru-mifarma-noticia-1877960
GARCIA SAYAN advised PACIFC in its Peruvian reorganization process. The worked have included (i) transforming the Peruvian branch of Pacific Stratus Energy S.A. into a subsidiary under the form of a stock company; (ii) the merger among Pacific Stratus Energy del Perú S.A. and Petrominerales Peru and Veraz Petroleum Peru S.A.C., Pacific Stratus Energy del Perú S.A. being the absorbing entity; (iii) the reorganization of the branch that Pan Andean Resources Limited (England) had in Peru through its transformation to the corporate form of a stock company; named Pan Andean Resources del Perú S.A.; (iv) a Share Purchase Agreement between Pan Andean Resources Limited and Pacific Exploration & Production Corporation (“Sellers”) with Pacific Stratus Energy del Peru S.A. (“Buyer”), where Buyer purchased 100% of the shares of the new PanAndean company; (v) the merge of Pacifc Stratus Energy S.A. with Pan Andean Resources del Perú S.A., Pacific Stratus Energy del Perú S.A. being the absorbing entity.
GARCIA SAYAN advised on five Administrative Sanctioning Procedures before OSINERGMIN relative to comply with the minimum reserves of Liquid Petroleum Gas established by current legislation.
GARCIA SAYAN advised Samay I S.A. regarding a submission of legal report to conclude if there were some restrictions in Peruvian law to import diesel B5, diesel 2 or ULSD, in order to comply its commitments in the Investment Contract. Analysis of the possibility of import diesel 2 or ULSD and mix it in Peru with bionatural oil.
GARCIA SAYAN advised of Peruvian legislation in order to purchase other products derived from hydrocarbons, its transport to a Plant and its sell to third parties, and training to its personnel in environmental relatives issues.
GARCIA SAYAN advised Southern Peaks Mining in the Due Diligence of Doe Run Peru mining properties, regarding the acquisition, through a public auction, of its mining assets.
GARCIA SAYAN advised in the execution and Termination Agreement regarding an Option Agreement, and also in the acquisition of mining concessions from VotorantimMetais – Cajamarquilla S.A., related to the Guadalupe Project.
GARCIA SAYAN advice the client in the arbitration related to the breach of a Mining Assignment Agreement against Prodigy Global Peru S.A.C. Advice in different kinds of matters related to the mining regimes involved to understand the breach of this mining contract.
GARCIA SAYAN advised the client in the preparation of a mining report establishing the distinction between the exploitation and development activity in order to specify the development cost incurred. Advice on the possible legal issues as result of the project of the open pit extension.
GARCIA SAYAN advised our client regarding a fine issued by the national competition authority – INDECOPI with US$ 5,000,000 for supposed anticompetitive practices affecting CEMEX (Cementos de Mexico). UNACEM’s principal executives have also been fined. We have assisted the company before the second instance of INDECOPI (Tribunal), who has declared that our client has not been involved in boicot as was pretended by CEMEX.
GARCIA SAYAN advised the client in order to suit several important retail companies for anticompetitive practices
GARCIA SAYAN advised the client to suit before INDECOPI, 8 industries in the food sector for anticompetitive practices.
GARCIA SAYAN advised our client in a claim against the US Government for subsidies given to the American Biodiesel Producers, who exports to Peru.
GARCIA SAYAN advised the client in a claim against a Camisea gas operator, for anti-competitive practices because of its refusal to sell gas to our client, which is the biggest electricity generator of Peru.
GARCIA SAYAN advised Credicorp Capital Servicios Financieros – Banco de Crédito del Perú in the finance to Agrícola Hoja Redonda S.A. for operations expansion in Chepen (Northern Peru) including the financing documents as well as the security package. Valueinvolved US$ 28MM.
GARCIA SAYAN advised Credicorp Capital ServiciosFinancieros – Banco de Crédito del Perú in the finance to AcerosChilca S.A.C. for the construction of an industrial plant for the production of steel balls including the financing documents as well as the security package.Valueinvolved US$ 28.5MM.
GARCIA SAYAN advised DEG – Deutsche Investitions- und EntwicklungsgellschaftmbH in the finance to Eco-Acuícola S.A.C. for the development of shrimps farming facilities including the financing documents as well as the security package. Value of this transaction US$ 10.6MM.
GARCIA SAYAN advised the client in the finance to EcosacAgrícola S.A.C. for expansion of agricultural activities including the financing documents as well as the security package. Value of this transaction US$ 14.4MM.
GARCIA SAYAN advised the client in connection to refinancing agreements regarding a loan granted to Minera Chinalco Perú S.A. Value US$ 120MM.
GARCIA SAYAN advised AFD in the finance to FondoMivivienda S.A., a State wholly owned company that provides financing for construction in Peru. Value of this transaction EUR 120MM.
GARCIA SAYAN advised FMO in the finance to Machu Picchu Foods S.A.C. including the finance documents as well as the security package.Value US$ 10MM.
Garcia Sayan lawyers were part of the negotiating team of Compañia de Minas Buenaventura who managed the closure of collective bargaining with the Unions of the Uchucchacua Mining Units (June 2015). Uchucchacua is one of the major mining units of the Company; it’s mainly production is gold and silver. In Uchucchacua works more than 2400 people. The agreement reached is valid for one year.
GARCIA SAYAN advised the client and obtained a very important first instance decision in favour of our client with respect to a lawsuit in which the Union is seeking more Profit Sharing for their members.Value US$6MM.
GARCIA SAYAN advised the client in the legal advice in the transference of the local employees after the acquisition of McAfee by Intel which involved general advice as well as the drafting of termination agreements and new employment agreements.
GARCIA SAYAN advised VolcanCía. Minera Group companies in various civil proceedings against the Government, obtaining the annulment of the fines imposed by the Government.
GARCIA SAYAN advise the client in several arbitration process and civil and commercial lawsuits, in connection with its commercial activity: civil, constitutional, contentious administrative and tax. The law firm also advises to Cencosud Retail del Peru S.A. Likewise we advise Banco Cencosud in several lawsuits derived from its activity as financial entity.Value US$ 10MM approx.
GARCIA SAYAN advises the client in several lawsuits to obtain the revocation of administrative fines and with no effect tax obligations. Also we advise SGS in a lawsuit against Lima City Hall is intended to prevent a monopoly in the service execution by the service reviews techniques. Also advise SGS in an arbitration initiated by Petroperu on administrative matters as well as administrative proceedings against SUTRAN that intends to challenge sanctions against SGS vehicle inspection techniques center. Likewise our firm advises SGS del Peru S.A.C. in several contentious administrative processes against the OSCE regarding complaints originated in several agreements subscribed with the Peruvian Estate.
GARCIA SAYAN, is a signatory of the Pro Bono Work Declaration promoted by the Vance Center of the Bar of the city of New York and is a founding member of the Alianza Pro Bono, an association of seventeen Peruvian firms created to promote and organize the Pro Bono work.
As an acknowledgement to its efforts towards the Pro Bono work, GARCIA SAYAN has been selected as one of the Leading Lights in pro bono work by Latin Lawyer magazine and the Vance Center.
Also, in 2015 Garcia Sayan was awarded along with other law firms in Latin America with the "Innovation Award" in the TrustLaw Awards for their involvement in the elaboration of the document "Derecho a unaviviendaDignaenAmérica Latina" published by "TrustLaw" a Thomson Reuter Foundation.
During 2015, the following attorneys joined the García Sayán Abogados professional team:
After serving for almost 24 years at Credicorp Group as Legal Manager and then as Secretary of the Board of Directors of Banco de Crédito del Perú and Secretary of Credicorp Ltd., Mr. Ferrari joins the GARCIA SAYAN Abogados team as legal advisor to our clients in the different areas of his expertise. He is an expert in Corporate, Banking and Finance Law as well as Commercial and Civil Law. He is currently a professor of Banking Law of the Pontificia Universidad Católica del Perú School of school, where he teaches since 1974; and was previously professor of International Commercial Law and International Transactions. He is graduated from the Pontificia Universidad Católica del Perú Law School (1970), and holds a Diploma in Economic Development at the Oxford University, England (1972). He has vast experience in commercial negotiations and also in the incorporation, acquisition, mergers and reorganization of different companies in the banking and financial sector, and has been involved in important international financing operations. Mr. Ferrari is a regular lecturer of several national and international events of his expertise.
Expert in Labor Law. He has worked at Nava &Huertas Law Firm (2012-2014), CompañíaCerveceraAmbevPerú S.A.C. (2011) and Compañía Peruana de Radiodifusión (2014-2015). His practice focuses in labor processes advising, as well as advising various companies in labor matters. Lawyer graduated from Universidad de Lima with “Outstanding” mention. Former member, Edition Coordinator and General Coordinator of Magazine “Ius Et Praxis”, official law magazine of Universidad de Lima Law School. He speaks English and is member of the Lima Bar Association.
The following attorneys were promoted from Associates to Senior Associates:
Expert in Civil Litigation, Administrative Law, Arbitration and Commercial Law as well. He has a vast experience in strategy development process, initiation, monitoring and evaluation of judicial proceedings, in civil, constitutional and administrative litigations. Moreover, he has served as a lawyer at the Guillermo GulmanCheca Lawyer´s Bureau, where he worked in the area of civil litigation. Former Consultant of the Peruvian Government in administrative matters including Ministry of Justice, Ministry of Culture and the National Water Authority.In addition, he also has post-graduate studies in: Economic Criminal Law at the University of Castilla La Mancha (Toledo, Spain); post-graduate studies in Banking and Financial Studies at the Banks Association of Perú (ASBANC). He holds a Master Degree in Business Law at the Graduate School of the Pontificia Universidad Católica del Perú and has finished a specialization in arbitration proceedings. Graduated at Faculty of Law at the Pontificia Universidad Católica del Perú (2006). He speaks English and is member of the Lima Bar Association.
Specializesin financial and commercial matters, especially on matters related to mergers and acquisitions, banking and securities markets. She worked at the National Supervisory Commission for Securities (now, SMV) and participated representing the Universidad Católica del Peru in the Model United Nations organized by Harvard University. She is a lawyer from Universidad Católica del Perú (2008), speaks English fluently and is a member of the Journal of Themis and Lima Bar Association. In 2012 she studied “Finance for Executives” at INSEAD University, located in Fontainebleau, France.