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Nestor Shimabukuro
Partner

Néstor Shimabukuro

Languages
  • Spanish
  • English
Social media

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.

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. 

Memberships & Roles

  • Callao Bar Association (CAC).

Awards & Rankings

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

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.
Practice Areas
sectors

Further reading

  • 10 key aspects of the revised EU competition law in the field of distribution (VBER/VGL)

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