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Banking & Finance

Peru

Our expertise in Banking & Finance encompasses diverse financing, participating mainly in project finance, syndicated loans, issuance and placement of debt instruments and collateral debt obligations. We have counseled domestic and foreign financial institutions, international  agencies, investment funds, private and public investors, domestic and foreign companies, and the Peruvian government; something that has allowed us to gain experience from different perspectives of the transaction, be it a borrower or lender, structuring agents or emitters.

Among others, we have advised Antamina Mining Company and its shareholders (Teck and Mitsubishi) on the largest private financing ever to take place in Peru, for US$ 2,300 MM for the construction and commissioning of the  Antamina copper mining project, operator of the world´s third largest mine. We have also been active participants in the financing of the first road infrastructure concession in Peru, providing advice to international agencies such as IFC and BID, for an amount of US$ 35 MM. Moreover, we have counseled the World Bank on a securities issue, to KFW on a structured loan to a State owned company, and to the Peruvian Government in the international issue of Global Bonds for US$ 600 MM. We have also assisted the Andean Development Corporation (CAF) and the German Investment and Development Corporation (DEG) in the financing of electricity projects. Also, we participated actively in the financing of the expansion of the operations of Grupo Falabella in Peru for an amount of over US$ 300 MM. In the capital market, highlights our experience counseling the placement of securities in the Peruvian market and, along with international consultants, in the stock markets of the United States, Canada and Europe.

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A ‘top legal advisor for finance matters’, CMS Grau is hailed as ‘very professional, responsive and fully dedicated to its clients’ needs’. Team head Juan Carlos Escudero is an ‘exceptionally intelligent lawyer’, who is ‘able to understand the issues his clients want to resolve, and build the appropriate team to tackle the issue’.

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    Capital Markets

    The capital market team is made up of lawyers specializing in regulation and in transnational legal matters. 

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    11/07/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Rem­ed­ies: In Prin­ciple The ori­gin­al Bit­coin White Pa­per stressed the im­port­ance of trans­ac­tions not be­ing re­vers­ible. Ir­re­vers­ib­il­ity is a func­tion of Bit­coin, de­lib­er­ately de­signed to re­duce trans­ac­tion costs and im­prove ef­fi­ciency.
    08/07/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Jur­is­dic­tion­al is­sues Many com­ment­at­ors note that true de­cent­ral­isa­tion im­plies that en­force­ment of ob­lig­a­tions must be ef­fected through the sys­tem. A per­mis­sioned sys­tem may in­clude con­ven­tion­al gov­ern­ing law and jur­is­dic­tion pro­vi­sions with­in a con­trac­tu­al.
    03/07/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Leg­al Per­son­al­ity De­term­in­ing wheth­er a sys­tem has leg­al per­son­al­ity has im­plic­a­tions for many of the ques­tions con­sidered in re­la­tion to this top­ic. In 'Ho­ri­zon Scan­ning — Block­chain: The Leg­al Im­plic­a­tions of Dis­trib­uted Sys­tem­s', the Law So­ci­ety ques­tions.
    19/06/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Block­chain and oth­er dis­trib­uted ledger tech­no­lo­gies (DLT) are ap­proach­ing the main­stream. Tech­no­logy com­pan­ies of­fer products for com­mer­cial pro­jects. IB­M's Block­chain Plat­form ref­er­ences “500+ cli­ent en­gage­ments to date”.
    18/04/2019
    BARE­CON - The Im­port­ance of Class
    In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an ab­so­lute ob­lig­a­tion and a con­di­tion.
    28/02/2019
    Ar­bit­rat­ing fin­an­cial dis­putes – Are there tan­gible be­ne­fits?
    In the past dec­ade, sev­er­al at­tempts have been un­der­taken to pro­mote in­ter­na­tion­al ar­bit­ra­tion in the fin­an­cial in­dustry. In­deed, vari­ous fea­tures of in­ter­na­tion­al ar­bit­ra­tion ap­pear to be par­tic­u­larly well suited for the needs of fin­an­cial ser­vices pro­viders.
    22/11/2018
    New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
    Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
    27/07/2018
    Oil and Gas - "Hanged on a Comma"? Punc­tu­ation in Fin­an­cing Agree­ments
    Sum­mary In Vit­ol E&P Lim­ited v New Age (Afric­an Glob­al En­ergy) Lim­ited [2018] EWHC 1580 (Comm), the Com­mer­cial Court was asked to con­sider the re­la­tion­ship between a cor­por­ate lend­ing fa­cil­ity and a re­serve based lend­ing fa­cil­ity.