Concessions and PPP's

In 1993, Peru started an important privatization process based on the promotion of private investment through the sale of shares and assets owned by the state, as well as the granting of concessions for the development of activities and services.

Estudio Echecopar has actively participated in this process since its inception. Our lawyers initially collaborated directly with the Peruvian state in the design of the regulatory framework of the private investment promotion process, advising in the elaboration of legal standards governing the process and applying comparative experiences and the knowledge of Peru´s reality.

We have also advised the committees in charge of the promotion processes of various projects, as well as the bidders participating in the different calls made by PROINVERSION (formerly COPRI) and by the sub national governments as promoters of the referred promotion processes.

Within the framework of the private investment promotion process, the Firm has provided and offers its services covering all stages of the promotion processes, that is, from the structuring (by state or private initiative) through to the application phase in the respective selection process, the signing of contracts, and their execution.

Also, regarding the new regulations applicable to public-private partnerships, Estudio Echecopar has been providing advice to prominent national and foreign investors interested in participating in new projects in Peru, as well as those that to date have already signed contracts with the state, in their execution stage, including the formulation and negotiation of Addendas as well as the application of dispute resolution mechanisms.

We have a specialized and highly trained team to meet the needs of customers in the various stages of the promotion processes of projects, including during dispute resolution.

The services we provide include:

• Advice on private investment processes in various sectors, including: airports, ports, telecommunications, roads, railways, urban public transportation systems, meters, water and drainage services, treatment plants, generation systems, electrical distribution and transmission, public cleaning services, transport and distribution of gas, municipal services.
• Advice and sponsorship to investors in their participation in public-private partnerships under the modality of self-financing or co-financed concessions or other contractual modalities provided in the applicable legal framework, such as sales of assets or companies, joint venture, outsourcing, partnership participation, surface area and usufruct.
• Comprehensive legal advice to investors on corporate issues, specialized tax planning, project financing, labor issues, consortium contracts, EPC contracts or procurement, among others.
• Advising the national government and sub national governments in the structuring and the promotion processes of the projects in their charge.
• Advising in the formulation, presentation and procedure, up to declaration of interest, selection process and subscription of contracts under the modality of self-financed or co-financed private initiatives.
• Contract negotiation and renegotiation.
• Advising on its relationship with the grantor entity, regulatory agencies and subnational governments, among other entities related to the execution of projects.
• Analysis of bankability of concession contracts, legal structuring of financial solutions.
• Representation in specialized arbitrations related to controversies originated in the execution of the contracts of private public association.
• Advising the national government and sub national governments in the elaboration of legal norms.