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Néstor Shimabukuro

Partner

Contact
CMS Grau
Av. Santa María 130
Miraflores, L18
Lima
Peru
Languages Spanish, English

Néstor Shimabukuro co-heads the Administrative and Public Procurement area of CMS Grau. He specializes in Administrative Sanctioning Law, Regulation of the Regulated Market (Electricity and Telecommunications), Public Procurement, Administrative Litigation and Processes for the Promotion of private investment in public works of infrastructure and public services.  

In this way, it has provided several advisory and sponsorship services in the development of projects in different sectors, through the planning and obtaining of enabling titles (licenses, permits and concessions). Likewise, he has broad experience in Administrative Sanctioning Law, representing several companies and individuals before all entities with sanctioning power in the country (OSINERGMIN, OEFA, OSIPTEL, OSITRAN, SUNASS, Comptroller General of the Republic and municipalities, among others). He has solid experience in advising and sponsoring private companies in the procedure for the elimination of bureaucratic barriers before INDECOPI with favorable results.   

He has provided advice on bids, public tenders in matters of State Contracting, processes of promotion of private investment, formulation and development of private initiatives at different levels of government, public investment projects, Works for Taxes and in bids and tenders for contracting with the State. He also provides legal advice in the planning, adaptation and fulfillment of contractual obligations of public services and infrastructure and in public works and service contracts to various contractors.  

He holds a law degree from the Pontificia Universidad Católica del Perú, a master's degree in administrative law and Market Regulation from the Universidad de Piura and a diploma in Energy Law from the Universidad Privada de Ciencias Aplicadas (UPC).

With a trajectory of almost 10 years at CMS Grau, he has stood out especially for the high quality and certainty of his legal analysis, and a special ability to create strategies in complex cases.

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Relevant experience

  • Luz Del Sur | Advising in all its administrative sanctioning proceedings before OSINERGMIN (the energy agency) and OEFA (the environmental agency). The cases involve alleged infractions to special norms that regulate the behavior of our client, considering its monopoly position in the distribution of energy in Lima.
  • Telefónica Del Perú | Comprehensive advice for the denunciation of an illegal and unreasonable bureaucratic barrier against the excessive charges for processing fees demanded by the Municipality of Pomabamba, which conditioned the granting of authorizations for the construction of poles in said locality, essential infrastructure for the provision of services of TELEFÓNICA DEL PERÚ S.A.
  • ENEL Distribución Perú | Advising in all its administrative sanctioning procedures before OSINERGMIN. The cases involve alleged violations to special rules that regulate the behavior of our client, considering its monopoly position in the distribution of energy in Lima.
  • Sacyr | Legal advice regarding the participation of companies of the Sacyr group in several selection processes called by the Peruvian State. 
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Memberships & Roles

  • Callao Bar Association (CAC).
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Awards & Rankings

  • ‘Rising Star’  in Legal 500 2023 – Public Law.
  • “Excellent” in Administrative Litigation by Leaders League 2023 
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Education

  • 2002 - 2010 – Law Degree, Pontificia Universidad Católica del Perú.
  • 2010 - Diploma in Energy Law, Universidad Peruana de Ciencias Aplicadas.
  • 2018 - 2020 - Master's Degree in Administrative Law, Universidad de Piura.
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Expertise

12/05/2022
10 key aspects of the revised EU competition law in the field of distribution...
The new Vertical Block Exemption Regulation (VBER) and the new accompanying Vertical Guidelines (VGL) were published on 10 May 2022. The new VBER will enter into force on 1 June 2022 and apply for the next twelve years. The new VBER/VGL introduce sev

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27/03/2024
Osiptel establece Procedimiento de Emisión de Mandatos
El sábado 23 de marzo se publicó en el Diario Oficial “El Peruano” la Resolución de Consejo Directivo Nº 00079-2024-CD/OSIPTEL, mediante la cual se aprueba la Norma que establece el Procedimiento...
25/03/2024
Ley de Fomento del Hidrógeno Verde
El sábado 23 de marzo de 2024 se promulgó en el Diario Oficial El Peruano, la Ley Nº 31992, que promueve el uso del hidrógeno verde como combustible y vector energético en el Perú. Esta Ley formó...
17/11/2023
Quick Guide: Renewable Energy and Green Hydrogen Regulation in Peru: Regulatory...
At present, the regulatory framework for renewable energies is being strengthene. From Law 28832 - Law to Ensure Efficient Electric Generation Development, a set of regulations has been developed to...
26/08/2022
Public procurement regulation in Peru
March 2019 1. Where can one find public procurement notifications for Peru? All public procurement procedure information is accessible online through SEACE, which is the Peruvian electronic procurement...
11/09/2019
NEWS OF INTEREST IN ENERGY, OIL AND GAS
Perupetro announces International Bidding Round to grant License Contract for the Exploration and Exploitation of Block 201On September 10th 2019, PERUPETRO S.A. (hereinafter, “Perupetro”) announced...
05/07/2017
Infrastructure & Projects
CMS Grau has a solid, mul­tidiscip­lin­ary and dedicated team with broad experience providing specialized advice in private and public projects among all sectors. Our firm has been working with national...