General counsel | AES Andes
María Paz Cerda
General counsel | AES Andes
Team size: 14
What are the most significant cases or transactions that your legal team has recently been involved in?
In 2023, we lead, with the M&A team, the acquisition of the Bolero 146 MWp solar power plant, as the involvement of our in-house legal team was critical during the entire process.
Since 2019, we have participated in the execution of transformational agreements for the supply of renewable energy to large scale mining and industrial clients, as well as datacentres, enabling the transformation of AES Andes into a renewable generator and the retirement of thermal generation assets.
We have successfully won, or settled in positive terms for our company, material litigation in Chile (arbitration and judicial), as well as in international arbitration. These procedures refer mainly to litigation of large-scale power purchase agreements and large-scale construction agreements. Our team is deeply involved in the legal strategy of all litigation. Also, we have led the legal strategy in coordination with U.S and Chilean external counsel of the Chapter 11 reorganisation process of one of our subsidiaries, until the successful emergence of Chapter 11. Lastly, we have decided on the legal strategy that has enabled the uninterrupted operation of our thermal assets, notwithstanding numerous legal actions seeking to stop it.
In general, what would you like to see change about the external law firms you use? Examples could be greater flexibility in billing, a more expansive suite of services offered, more transparency in reporting ESG statistics etc.
Law firms should avoid duplication of work and overcrowding meetings. For us, no meeting should be attended by more than two lawyers from a law firm unless requested by the client or required by the diversity of topics covered in the meeting.
Additionally, transparency and timely billing. Flexibility in offering creative billing options that allow clients to have control of costs and to pay legal costs that are proportionate to the value and risk of the matter.
We see many firms joining international networks, however we are not informed of the actual initiatives that derive from that participation that could have a favourable impact in the firm’s lawyers or their career development, nor in assuming real commitments with demonstrable KPI or goals.
What diversity, equity and inclusion initiatives have you and your legal department been championing within your company’s endeavours?
In 2023, I have been nominated in the “In-house DE&I Champion” category for the Chile Awards 2023, by The Legal 500. As a legal team, we have championed the inclusion of women in a traditionally male dominated company. I am constant panellist in international forums and global meetings of AES promoting diversity and inclusion in matters related of gender, disabilities, and nationality. I also participate in internal mentoring activities for AES women from various areas and chair the AES Chile Foundation through which AES ESG programs are carried out in Chile. The corporate legal director, Andrea Sougarret, also participates in the diversity, equity, and inclusion (DE&I) committee of AES at an international level, which is aimed at helping grow and sustain an equitable and inclusive workplace. We represented AES Chile when joining the Pride Connection initiative which aims to promote inclusive workplaces for sexual diversity and create links to attract LGBTI+ talent.
Vice president, general counsel | AES Andes
Vice president general counsel | AES Andes