Mining

Highly Sophisticated Transactional Expertise. Rebaza, Alcázar & De Las Casas enjoys a preeminent transactional practice in the mining industry. Our practice is enhanced by the diverse nature of our clients, which include top tier international commodity traders, major, mid and junior miners, chemical companies, smelting and refining companies, local and international financial entities and other service providers, manufacturers and suppliers. We regularly counsel on a wide range of transactional matters for the mining industry, including:

  • Local, cross-border and international mergers and acquisitions
  • Finance, construction and development of mining projects and operations
  • Metal streaming and mining royalty transactions
  • Strategic mining investments and joint ventures
  • Complex contractual matters, including offtake agreements, O&M contracts, securities over mining rights, among others

Mining Regulation, Environmental and Social. Mining is Peru’s flagship industry. Considering such challenge, our team includes qualified lawyers specialized in mining regulation, natural resources, environmental, social and indigenous matters. We have an integrated practice to advice clients on sensitive issues, risk assessment and mitigation concerns, and able to provide innovative and strategic solutions.

Mining related Litigation, White Collar Defence and Investigations. Our litigation, white-collar criminal and legal compliance team is deeply integrated with our mining department’s experience. We handle cases and investigations involving relevant mining operations, including crisis management and dealing with regulatory and criminal matters affecting business, institutions and executives in the Peruvian mining industry.

What we have accomplished. Notable matters include advising the following clients:

  • Glencore in its USD 956 million tender offer and acquisition of a controlling stake in leading Peruvian mining company Volcan Compañía Minera
  • Hudbay in its USD 430 million precious metal stream with Silver Wheaton (now Wheaton Precious Metals) in respect of the production of the Constancia mine
  • Nexa Resources in its USD 100 million export facility agreement granted by ABN AMRO Bank N.V. to finance the export of zinc by its local mining companies in Peru and Brazil
  • Empresa Minera Los Quenuales in the acquisition of the Contonga mine, formerly owned by Nyrstar, and in the transfer of relevant mining rights, permits, licenses and authorizations
  • Glencore in the USD 900 million metal stream with Silver Wheaton (now Wheaton Precious Metals) in respect of the production of the Antamina mine
  • Milpo (now Nexa Resources) in the USD 250 silver stream with Triple Flag in respect of the production of the Cerro Lindo mine
  • Scotiabank in the USD 200 million secured facility granted to Goldfields La Cima for the development of the Cerro Corona mine
  • Chinalco in its USD 397 million initial public offering on the Hong Kong Stock Exchange
  • Hudbay Minerals and Hudbay Peru in the refinancing of the USD 350 million and USD 200 million facilities and cross-collateralization of their interests in Rosemont and Constancia mines
  • BNP Paribas in the USD 50 million master trade facility granted to the Moly-Cop group to finance the worldwide acquisition of mining equipment and machinery
  • Hudbay Minerals in its USD 1.0 billion issuance of Senior Unsecured Notes
  • Pandion Mine Finance in the USD 7 million pre-paid forward purchase agreement with Lupaka Gold Corp to finance the development of the Invicta Gold project
  • Hudbay Peru in its USD 22.4 million leaseback facilities to finance the acquisition of mining equipment from Caterpillar
  • Minsur in its strategic mining operation, services and transportation agreements
  • Auramet Trading in the mining royalties and structured finance of Compañía Minera San Juan

Recent Publications:

2019 International Comparative Legal Guide to Mining - Peru Chapter.

“Metal Streaming: Conceptos, auge y actualidad” by Luis Miguel Elías. Revista Advocatus: Derecho Minero, Ambiental y de los Recursos Energéticos. 2018.