Project, Infrastructure and Concessions
We have an extensive and impressive track record of projects in Africa. Having acted for parties on all sides of projects and transactions in Africa (sponsors, lenders, financial insurers and governmental entities), we can provide you with a unique, creative and broad perspective on deals and a strong understanding of the market overall.
This is based in particular on our interdisciplinary approach for our work, using our accumulated wealth of knowledge and experience to offer full-service counsel on construction, project M&A, concessions and other administrative contracts, operation and maintenance, project development. We handle every stage of an infrastructure project, from bidding and development to achieving financial close, including development, financing, construction, ownership, dismantling, investment in and operation of infrastructure projects and the acquisition and financing of infrastructure assets.
Our approach includes risk diligence, permitting, real estate, social and environmental, regulatory, procurement, debt and capital markets, corporate tax and tax[1]exempt analysis, preliminary development agreements (PDAs) and operation and maintenance and interface matters.
Arbitration Dispute Settlement
We are strongly positioned to assist you at all stages of a dispute. Our firm is accustomed to legally and factually complex, multi-jurisdictional and high-value cases. We are well versed in the full range of alternative dispute resolution services, including negotiation, mediation, expert determination and adjudication, and work together with our clients to find creative, win-win solutions wherever possible, in various sectors and field of law, in particular in the oil & gas, energy, mining and natural resources industries.
Our reputation is based in particular on our dual competence as counsel and litigation expert. This dual expertise is a major asset for our clients because it allows our firm to take a unique look at the cases entrusted to it and to defend them to the best of our knowledge of the expectations of an arbitral tribunal in an international context.
We represent clients before international courts, including the domestic courts, and international arbitral tribunals, including tribunals constituted under the aegis of the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and, ad hoc, pursuant to the UNCITRAL Arbitration Rules.
Public International Law
Our practice covers the full spectrum of public international law issues, including the law of treaties, international responsibility, State and diplomatic immunities, the law of international organizations, international investment law, international human rights law, the law of the sea, and international trade law.
Our firm benefits from the support of our Senior Legal Advisor, M. Pierre Bodeau Livinec, who is a Professor of Law at the University Paris Nanterre, and the Director of Studies of the International Law Association. His experience includes acting as counsel on state-state disputes such as before the ICJ, the PCA, and the ICC.
We have an established investor-state arbitration practice with numerous investment treaty arbitration cases, including under the auspices of ICSID and the PCA, representing both international investors and sovereign states. We also have a leading specialist practice advising a number of Governments on drafting investment treaties and investment legislation, a rare specialism in private practice in the field of public international law.
Policy, Regulatory and Constitutional Law
With our extensive experience in public and administrative law in France and in Africa, our firm is able to assist you in all matters relating to the legal design, construction and implementation of legislations, regulations and policies, particularly in the energy, electronic communications, audiovisual and transport sectors.
In particular, we assist African governments, parastatal clients and private clients in preparing and implementing policy change, drafting legislation and managing regulatory and litigation risk. We are able to work with clients throughout the legislative process, from the identification of initial objectives, through the drafting of new legislation and the form of implementing legislation, to implementation and enforcement.
We also assist companies – both incumbents and new entrants – in their development projects, their relations with regulatory authorities and public authorities, among others, in case of reforms affecting their sector. More generally, the team advises private companies and public entities on all matters of general public law, and in particular on general administrative law, administrative property law and public accounting law.
M&A, Corporate law and Private Equity
Commercial contracts
Our team has a deep experience working with all kinds of contracts, with strengths in the marketing and services in the energy, transport, oil & gas sectors in particular, but also in technology, sourcing, supply chain, and licensing agreements.
We service the entire lifecycle of a contract, including:
- Pre-contractual advice and consultancy
- Assistance with drafting, reviewing and revising terms and conditions,
- Contract negotiation (offer, counter offer and acceptance)
- Breach of contract and remedies, such as compensatory, liquidated, and nominal damages,
- Implied contracts,
- Contract interpretation by courts including outside statements and the behavior of the parties,
- Choice of law and jurisdiction,
- Validity of electronic signatures, Ours is a holistic approach to contractual matters and we strive to help our clients achieve their business goals and develop, protect, and monetize their key commercial assets.