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Michelle Barclay

Partner

CMS Grau
Av. Santa María 110
Miraflores, L18
Lima
Peru
Languages Spanish, English
Bankruptcy & Restructuring

Michelle Barclay joined CMS Grau as a Partner on January 2013. She specializes in corporate restructuring and cross-border insolvencies, mergers and acquisitions, investment projects and infrastructure, public-private associations. She has represented several clients in bankruptcy takeovers, corporate reorganization proceedings and cross-border insolvencies; and she also participated as a bankruptcy expert in international arbitration.

Michelle’s national and international experience allows her to provide expert advice in bankruptcy and corporate restructuring matters and cases. Michelle worked as a permanent associate at Skadden, Arps, Slate, Meagher and Flom’s Corporate Restructuring Practice group in New York.

Michelle is admitted to practice in New York and Perú.

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Michelle Barclay Thorne is highlighted as "a very experienced lawyer" by satisfied clients. Other market commentators single out her "ability to take Peruvian law and help US lawyers to understand it. She goes beyond when you ask specific questions because she sees the bigger picture in terms on how it is going to affect deals."

Chambers Latin America 2020

Michelle Barclay Thorne is highly valued by clients, who appreciate that "she not only has an excellent command of Peruvian law, but also has a lot of knowledge and experience in international insolvencies. This clearly adds value to our matters." Another client enthuses that "she is very clear and practical when explaining matters and gets straight to the point."

Chambers Latin America 2018

Relevant experience

Michelle has been retained to work together with Skadden Arps Slate Meagher & Flom LLP (New York) to provide advice to the US Chapter 11 Trustee in the China Fishery case. This involves several international issues an expertise in Chapter 11 (US reorganization proceedings).

Michelle has worked together with Covington & Burling in an international arbitration proceeding which involved bankruptcy matters related to an international oil company, and on a different matter with a Korean client regarding certain agreements and its insolvency implications due to distressed local assets.

Michelle advises a key creditor in one of the most important bankruptcy cases handled by the Peruvian Bankruptcy Authority.  This is a very unique case as it involves the State (Ministry of Energy and Mines) as one of the majority creditors.

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Education

  • 2001 – Master´s Degree in Corporate Law (LL.M.), New York University
  • 2001 – Finance seminar, Stern School of Business (NYU)
  • 1997 – Law Degree, Universidad de Lima
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Memberships

  • New York Bar Association (New York Bar Exam)
  • Lima Bar Association (Colegio de Abogados de Lima – CAL)
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Infrastructure & Projects

Michelle Barclay joined CMS Grau as a Partner on January 2013. She specializes in investment projects and infrastructure, public-private associations, international investment arbitration, mergers and acquisitions, corporate restructuring and cross-border insolvencies.

She has advised clients on PPPs, investment projects related to public assets, and state-investor matters and negotiations, in a range of sectors. She has participated in numerous national and international transactions, and she is currently handling one of the most important crisis cases due to termination by the Peruvian government of the biggest concession awarded in Perú.

Michelle has worked as a permanent associate at Skadden, Arps, Slate, Meagher and Flom’s Corporate Restructuring Practice group in New York, having wide international experience advising clients in diverse matters and cases. She is admitted to practice in New York and Perú.

She is currently a member of the Management Committee of CMS Grau, co-leads the Marketing and Communications Committee and is responsible for the firm’s programs for the development of women in the legal profession. This year, Chambers & Partners (Diversity) granted Michelle the Women in Law Award: Peru Lawyer of the Year (2018).

She currently writes a monthly column for El Comercio newspaper (the largest circulation daily newspaper in Peru) in the Economy section.

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Practice co-head Michelle Barclay Thorne boasts in-depth knowledge of PPPs and concession bids for domestic and international clients. She has impressed market sources, who appreciate that she provides "great attention" to her clients and go on to single out her "expertise" in this sector.

Chambers Latin America 2018

Co-head of department Michelle Barclay Thorne comes highly recommended by clients, who state: "She is a very professional and committed lawyer, with a good ability to find diverse options to solve any legal issues quickly." She is qualified to practise in both New York and Peru and has worked as an associate at Skadden, Arps, Slate, Meagher & Flom in New York.

Chambers Global 2017

Relevant experience

Michelle is leading the advice to international client in the public bid called by EMILIMA (Empresa Municipal Inmobiliaria de Lima - Real Estate Municipal Company of Lima) for the acquisition of goods and installation for the renovation of the Magic Fountain and Fantasy Fountain of the Magic Water Circuit of the Reserve Park (Circuito Mágico del Agua del Parque de la Reserva).  The project described is still one of the major municipal projects and an icon and symbol of the recovery of public spaces in Lima.

She has provide advice in the development and structuring of a PPP in order to build education infrastructure, provide infrastructure to important university in Lima, build social infrastructure and construction of parking lots, and construction and operation of a highway before PROINVERSION and other public entities, including the Ministry of Transportation and Telecommunication.

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Education

  • 2001 – Master´s Degree in Corporate Law (LL.M.), New York University
  • 2001 – Finance seminar, Stern School of Business (NYU)
  • 1997 – Law Degree, Universidad de Lima
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Memberships

  • New York Bar Association (New York Bar Exam)
  • Lima Bar Association (Colegio de Abogados de Lima – CAL)
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International Arbitration

Michelle Barclay joined CMS Grau as a Partner on January 2013. She specializes in international arbitration, mergers and acquisitions, corporate restructuring and cross-border insolvencies, investment projects and infrastructure.

She has broad experience leading diverse projects, dispute settlement, including national and international arbitration, as well as negotiations and dispute settlement with the Peruvian government. She has provided advice to various local and international companies in infrastructure projects, including Public-Private Partnerships (PPPs). Michelle has led and managed a variety of cases related to business crisis at the local and international levels.

Michelle has worked as a permanent associate at Skadden, Arps, Slate, Meagher and Flom’s Corporate Restructuring Practice group in New York, having wide international experience advising clients in diverse matters and cases. Michelle is admitted to practice in New York and Perú.

She is currently a member of the Management Committee of CMS Grau, co-leads the Marketing and Communications Committee and is responsible for the firm’s programs for the development of women in the legal profession. This year, Chambers & Partners (Diversity) granted Michelle the Women in Law Award: Peru Lawyer of the Year (2018).

Michelle currently writes a monthly column for El Comercio newspaper (the largest circulation daily newspaper in Peru) in the Economy section.

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Michelle Barclay Thorne is highlighted as "a very experienced lawyer" by satisfied clients. Other market commentators single out her "ability to take Peruvian law and help US lawyers to understand it. She goes beyond when you ask specific questions because she sees the bigger picture in terms on how it is going to affect deals."

Chambers Latin America 2020

Relevant experience

Currently advises a Spanish company in various arbitration disputes (ICSID arbitration and local arbitrations) related to the termination by the Peruvian government of the largest concession awarded in Peru (project - South Peruvian gas pipeline).

Appointed as expert (findings of fact and conclusions of law) in an important international arbitration held in New York with the International Centre for Dispute Resolution of the American Arbitration Association concerning two large business groups in the hydrocarbon industry.

Advised Hydro Quebec (Canada) in the negotiation and settlement of an investment dispute with the Peruvian government related to the amendment to their BOOT contract referring to the main electric power transmission line in Peru.

Advised Electro Sur Medio (currently Dunas Energía), an electric power distribution company, in the renegotiation of the privatization agreement executed with the Peruvian government and subsequent resolution of the company’s crisis (following the 2007 earthquake in Peru). 

Advised a Peruvian company of Norwegian capital in a commercial arbitration brought before the Lima Chamber of Commerce (Peru), relating to the payment of a significant debt within the framework of a major insolvency process of a mining company in Peru.

Advised a Peruvian company of Dutch capital in a commercial arbitration brought before the Arequipa Chamber of Commerce (Peru) in connection with illegal and irregular acts carried out by the company’s general manager.

Advised a Spanish company in various negotiations and agreements with the Municipality of Lima (Peru) in connection with a utility services agreement.

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Education

  • 2018 – Participant in the first Executive Education Course in International Investment Law and Arbitration organized by The Lauterpacht Centre for International Law, in collaboration with Cambridge Judge Business School at University of Cambridge.
  • 2001 – Master´s Degree in Corporate Law (LL.M.), New York University
  • 2001 – Finance seminar, Stern School of Business (NYU)
  • 1997 – Law Degree, Universidad de Lima
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Memberships

  • New York Bar Association (New York Bar Exam)
  • Lima Bar Association (Colegio de Abogados de Lima – CAL)
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Feed

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