The Firm assists leading private operators (sponsors) with international projects in the sectors of mining, conventional and renewable energy, infrastructure and high-tech services.
The Firm's teams assist clients at every stage of a project's development, including project structuring, the response to international calls for tenders, the drafting and negotiation of contractual documentation, legal counselling on the execution of contractual services, project management and the sale of projects.
The Firm works closely with its clients' operational teams, providing expertise that is tailored to the requirements of their projects.
The Firm has a network of "Best Friends" in numerous jurisdictions.
The Firm's teams have worked on a great many projects in France and elsewhere, particularly in Africa.
The Firm has recognised expertise in international projects in French-speaking Africa, particularly in the OHADA zone and in the Maghreb.
Our team assists sponsors with all stages of project development:
Our work starts before the formalisation of interests, with a study of the legal and fiscal risks associated with the project. This stage, the most sensitive of the project, requires an understanding of the applicable legal rules, both in terms of the local legislation of the project and the nationality of the sponsors and their subsidiaries concerned.
Where projects involve a public authority, we advise our clients in the context of question-and-answer procedures and, more broadly, on the drafting of the legal documents required for the submission of tenders, but also on the establishment of partnerships between candidates or the issue of securities required by the contracting authority, in conjunction with banks, if necessary.
The Firm draws up and negotiates all the legal documents required for the project, whether they are to be concluded with the public authorities or private partners (co-bidders) or subcontractors, financial institutions, etc. The Firm works in synergy with clients' operational teams and local partners ("Best Friends"). The Firm has recognised expertise in projects involving public entities (natural resources, PPPs, etc.).
Our services include the securing of land, the allocation of tasks and of legal risks between project members, the coordination of project financing documents drawn up with lending institutions, the impacts relating to taxation and customs duties, environmental or local development commitments, and the obtaining of the regulatory authorisations required at each stage of the project.
Our teams are guided by a concern for pragmatism and efficiency where projects have a long time-frame and mobilise a variety of stakeholders.
Our Firm remains mobilised after the entry into force of the project documents, in order to assist with their implementation. This assistance covers legal support for the various implementation stages, such as the release of funds, the conclusion of subcontracts, and the delivery of services or infrastructure.
We also help with the implementation of safeguard and force majeure clauses and with the management of pre-litigation events and the modification of project documents.
Thanks to its expertise in the sale and acquisition of companies, the Firm routinely provides assistance in connection with the partial or total sale of projects by sponsors.
We help with the initiation of audit procedures, the structuring of transfers, the drafting and negotiation of the related legal documents, as well as with procedures requiring the approval of public bodies.
International projects systematically require the creation of dedicated companies, particularly in order to have a local presence or in connection with project financing. The corporate structure of the SPV must comply with the stipulations of the project and financing contracts.
Our Firm can offer clients recognised expertise in company law and corporate governance, especially in connection with setting up governance that involves operators and public bodies. We can also help with the equity transactions necessary to finance the SPV.
Finally, we assist in the drafting of all the extra-statutory documents relating to the various stages of the project, including partners' agreements in the event of a joint venture or joint operating agreements, which define the operational roles of the operators, the financial implications or the project management procedures at each development or operational stage.