As part of the expertise areas of GcilA, Concessions and PPPs represent one of the largest areas of intervention. Because infrastructure, construction and mining concessions and PPPs are highly complex projects and require a holistic understanding of the institutional, legal and socio-economic framework, it is essential that these projects be prepared and overseen by a truly experienced and multi disciplinary team, ensuring a low risk of distress for a project even after a several years.
As such, we at GcilA offer our clients our experience and services at all necessary stages for a concession or PPP project: from the study and evaluation of the economic and fiscal policies in place in the interested country, to project inception and development, project management and implementation, from participation in the negotiation process of large complex infrastructure contracts, up to dispute avoidance and dispute resolution. Our team of experts has been engaged by various organizations for the drafting of international best practices and regulations. Over the last five years, we have been leading think tanks and working groups and we are currently one of the leading expert groups promoting the international centre of excellence in best practices, legislation and institution which will be developed in France under the aegis of the UN. We are also member of international expert teams evaluating the need to revise the UNCITRAL legal guide and model provisions.
GcilA’s team is concerned with the satisfaction of its clients and the successful outcome of large concession and PPPs. As such, it is fundamental for our team, to assist our public and private clients from the very inception of a concession and PPP project. Before a project can be mounted and be presented for procurement, it is essential that the parties – and the firms representing them- be versed in the internal legal, fiscal and financial policy of the country in question. GcilA offers its clients an in-depth scrutiny and evaluation of the legal, fiscal and financial framework in place combined with its precious experience gathered over the years.
Alongside with GcilA’s involvement in the inception of a concession and PPP project, our team offers a vast expertise and knowledge on the drafting and negotiation of complex contracts. Because large infrastructure projects are complex in their nature, a well penned and negotiation contract lies at the heart for the positive outcome of the project and the avoidance of disputes during the project’s implementation. As such, GcilA’s partners are keen on delivering the professional assistance needed to accompany our clients best.
The GcilA member firms are all recognized as leaders in their respective jurisdictions and internationally for advising on dispute avoidance, alternative dispute resolution techniques, arbitration and litigation. GcilA partners are regularly appointed as members of Dispute boards or Arbitration panels. They are also appointed as experts in their respective specialties. GcilA is particularly active in the development of dispute boards throughout the world. A GcilA partner is the head of the dispute review foundation for countries other than common law countries. Another partner is the representative for the same foundation in France.
We advise on PPP projects at different levels during project preparation, procurement, negotiation and implementation. A substantial part of this advice consists in organizing or participating to expert groups or committees. Those committees or expert groups are sometimes organized at a country level for landmark projects or at a project level. They sometimes focus on key issues such as land use, environment, resettlement, communities, tax, financing, customs, etc. We contribute to the drafting and negotiation of memo notes and minutes anticipating and defusing numerous potential issues which arise often during the long life of these ventures. We are also active in promoting, designing and implementing in practice, dispute avoidance, and IDR public/private committees, more particularly through structured partnering committees and related techniques, conciliation and mediation committees, dispute boards of various kinds.
An increasing need for best practices has been recognized as many projects are in distress because of the lack of clear and short guidelines. GcilA has been actively involved in the drafting of international best practices starting from the lessons learnt by the partner firms throughout their experiences over the years in infrastructure and mining projects around the world. Our team is engaged in the gathering of the lessons learnt project by project, the evaluation of these lessons and the drafting of concise but at the same time precise concepts and best practices. It is GcilA’s understanding that the disastrous situation of projects in distress can be uplifted only if best practices are penned, then disseminated internationally and referred to during the inception, development and implementation of a large and complex infrastructure project.
When an issue arises on contracts of various kinds, including in company law matters or in relation to the public administration (tax, exchange control, issuance of permits and authorization of all kinds) we advise our clients on a regular basis on the substance and we prepare the process for drafting appropriate letters, documents and claims, either in an informal or formal manner. When appropriate we participate to meetings with the other parties, public or private, and we also participate to the monitoring of claims including as the case contact with lawyers of the other party in confidence and accordance with lawyers’ ethic to exchange on the merit and seek amicable settlements. We are specialized in large claims in the infrastructure sector, more particularly in public works of all kinds. For those claims, we usually contribute to the organization of the team including engineers, experts and advisors, and often coordinate the teamwork in order to draft and monitor reclamations as efficiently as possible in close contact with the management of our clients.