Client Requirement: This is a new client to our Firm. The Client is one of the most important suppliers of seed and other agricultural inputs in Peru. The Client is also the current owner of an agriculture and industrial premise that is essential to its whole business. After several reorganization processes the titleholding over the water right linked to such premise become out-dated. The problem to up-date this titleholding was that the current regulation determines losing water rights when they are not timely transferred, and it also prohibits to get new water rights within the area of the premise
Our participation: We studied deeply this case and determined that it was possible to argue that there are valid cases of automatic transfers (reorganization of companies is one of those cases). This line of defence was also supported by principles of law such as Not causing damage to any third party, reasonability, and proportionality.
Client benefit: Client counts with solid grounds if a governmental agency pursues any challenge to the water right over the premise of our Client.
