Marc Frilet

France

Frilet – Société d’Avocats
91, rue du Faubourg Saint Honoré
F-75008 Paris
France

Tel: +33 1 56 26 00 40
Fax: +33 1 56 26 50 21

Email: avocats@frilet.com
Web: www.frilet.com

Marc Frilet’s law firm, Frilet Société d’Avocats, is one of the leading French law firms specializing in complex, and often innovative and land mark projects in several countries and domains, including communication, sport, culture and events. However, the main focus of the firm at both national and international level is the development and implementation of large public and private projects in construction, infrastructure and mining.

Both nationally and internationally, Marc is known as one of the most skilled and knowledgeable lawyers within these domains where his expert skills are not limited to contractual and corporate matters, but include public, procurement, land, environmental, social and tax and other laws and their practices, which must be approached in an integrated manner for any complex project. This has permitted to the firm to have a unique organization made of few experienced practitioners in its core legal and business strength, while been able to attract efficiently and economically, when needed, top level lawyers and experts, international or local, becoming on a project basis an integrated part of the legal team managed by the firm for the best interest of the clients.

In the last couple of years, together with several law firms in US and France, equally leaders in their fields and long term best friends, Marc has founded the Global Construction and Infrastructure Legal Alliance (GcilA) where he is the chair of the Management Committee. The deep integration of this Alliance, in terms of exchange of experience and development of knowledge and training center, provides another exceptional reservoir of high skilled lawyers, both at national and international level, which is tapped as a priority, to the extent necessary, when integrated teams are needed. Marc is continuously recognized for his achievements by legal guides and international institutions as a go-to lawyer for construction, infrastructure and mining.

After being an active member of the French law firm Bureau Francis Lefebvre for several years, including the leading position of senior partner in charge of the complex projects department within the international division of the firm, Marc decided to embark on a new venture. He founded his own law firm in 1998, focusing his efforts on advisory work and development work in the mining sector and for all kind of complex Concession and PPP Projects. As a result of his extensive experience and elaborate expertise, Marc was able to assist many public and private clients during the inception and development, while ensuring a successful development of the project through is excellent negotiation, dispute avoidance and dispute resolution skills (more particularly in international arbitration). Marc has probably contributed to more legal engineering and negotiation of key agreements, including drafting laws and treaties, for mining projects in francophone Africa than any other law firm in the last 25 years.

Marc started his career by teaching law for two years at the University of Oran in Algeria. Later, he has been retained to teach international investment law at the French University of Paris-Descartes for post graduate students. He is currently teaching mining contract and law at the French Ecole des Mines.

Marc has also developed extensive training activities in France and overseas, for senior civil officials and for lawyers, mostly in the area of international investment, procurement, public contract law, Concession and PPP. In those areas, he also co-organizes seminars and conferences worldwide, while regularly participating as an expert speaker.

Marc is consistently engaging in exchanges with its peers, the industry representatives and multilaterals on best practices and core principles essential for the long-term implementation and development of complex projects. He is heading several working groups and informal think tanks in the area of mining law and Concessions and other PPPs. In his capacity of vice-president of the French Institute of International Legal Experts (IFEJI), he is the co-promoter of the PPP Center of Excellence on best practices, laws and institutions which is currently being set up in France under the auspices of UNECE. He is an active member of ETIC-PPP: a nonprofit organization gathering a unique team of neutral and multisectoral experts having proven experience in LDCs and emerging economies.

Marc has written numerous articles on public procurement, concessions and PPPs, methods to disseminate good practices, litigation, comparative law in France and internationally, particularly Francophone Africa and Latin America. His regularly published in some of the world’s most recognized and known journals and magazines for law practice. Thus, it is not a coincidence that for more than 10 years according to The International Who’s Who of Business Lawyers, Marc is “one of the most highly regarded individuals” internationally, especially in the construction domain.

• Privatization of an oil service company in Algeria
• Port construction claims in Benin
• World-class project of iron ore deposit in Congo-Brazzaville
o Creation, negotiation and implementation of the basic institutional and legal framework,
o Procurement process and monitoring of all permits,
o Organization of local company (main contracts during feasibility, corporate, tax, employment contracts)
o Enabling legal and tax environment for the construction of public infrastructure (rail ways, ports, roads, etc.)
o Development of environmental, land and community actions
• Advise and participation in a world-class project for iron ore in Guinea-Conakry
o Creation, negotiation and implementation of the institutional framework ; drafting and negotiation of the basic agreement,
o Development and monitoring of the socio-economic and environmental studies. Implementation of the process for obtaining and monitoring all permits
o Organization of local company (corporate, tax, employment contracts)
o Enabling legal and tax environment for the construction of necessary public and mining infrastructures (railways, ports, roads, etc.)
o Development of environment, community and land use actions (expropriation and resettlement)
• Due diligence for the purchase of a logging company in Congo-Brazzaville
• Global concession PPP for a public service port in deepwater in Madagascar
• Programming, legal status and development of urban areas and areas of port development in Madagascar
• Concession/PPP of electric-cars Autolib (France)
• Due diligence and transfer of gold permits in Guyana (France)
• Acquisition of a communication and sport company (France)
• Concession for the WAPP-CLSG interconnector (institutional, legal and contractual framework for the realization of an interconnected electrical line project in four countries of East Africa: Ivory Coast – Guinea – Sierra Leone – Liberia)
• International arbitration: litigation on the rehabilitation of roads in Madagascar
• Drafting PPP laws and executive regulations in Syria
• “Guiding Principles for Durable Mining Agreements in Large Mining Projects” – Journal of Energy & Natural Resources Law – 2013
• “Legal Innovation for Development: The OHADA Experience” The World Bank Legal review Volume 4, Legal Innovation and Empowerment for Development, 2013
• “The critical role of judicial experts in construction litigation and arbitration in France” with Laurent Karila Construction Law International, Volume 8, Issue 2, June 2013
• “Foreign investments in public infrastructure and mining: facing the challenge in civil law Africa,” Business Law International – 15 May 2011
• “International Public Procurement: A Guide to Best Practices : Public Procurement: The World Bank System,” 2009
• Co-author of the Chapter : “Public Procurement in Francophone Africa/The World Bank System/Practices in France”, Global Law and Business Book – September 2009
• “Preparing Publix-Private Partnerships Regional Workshop, Johannesburg 24th-28th June, 2013 with the participation of AFD, ALSF, ADETEF, PPIAF, IDC, BOAD, DBSA, PACBP
• “United Nations Economic Commission for Europe. Team of Specialists on Public Private Partnerships: The PPP Specialist Centers in the pipeline” Specialist Center on PPPs legislation and institutions in Geneva, 4th-6th February , 2013
• “Conditions for success of concessions and others PPP in developing countries: how to make it work?” “Sharing views on PPP: French experience in France and in developing countries” Washington, October 2012
• “Why and how regulate concessions in Europe?”, the international legal expertise Conference cycle, Paris Bar, April 4th 2011
• « International Procurement: problems and solution in challenging times PPP procurement, a major challenge for the World Bank and others multilaterals”, ACCL 21st Annual Meeting, San Diego, 19th February 2010
• “Preparing the project and selecting the operators: the expectations of the industry for promoting best practices for resilient PPP”, CICA – IFI Conference, Washington February 2010
• “Legal and political conditions for private investment in infrastructures: Business climate and governance, legal security, credible sectoral mechanism”, Infrastructure Consortium for Africa, Tunisia, May 18th 2011
• “Economic and legal condition of success of public private infrastructures projects in developing countries”; “The relationship between socio-economic nature of the infrastructure services and institutional and contractual framework”, Conference PASEMD/IFEJI Washington, May 2009
• «Foreign investments in public infrastructure and mining: facing the challenge in civil law Africa”, Business Law International, May 15th 2011
• Head of the Management Committee of the Global Construction & Infrastructure Legal Alliance (GcilA)
• Vice-President of French Institute of International Legal Experts (IFEJI)
• Head of the PPP Working Group, Paris Bar
• Co-chair of the PPP working group of the International Contractors Association (CICA)
• Board member of the French PPP Institute (IGD)
• French Representative of the Dispute Resolution Board Foundation (DRBF)
• “Fellow” of the American College of Construction Lawyers (ACCL)
• Honorary chair of the Int. Committee of the French Association of Business Lawyers (ACE)
• Member of the Union Internationale des Avocats (UIA)
• Member of the Expert College for OHADA Uniform Laws in Africa (UNIDA)
• Board Member College of Governors, African Law Institute
• Member of the French Arbitration Committee
• Member of the Indian Institute of Arbitration
• Member of the French Construction Law Association
• Past vice chair International Committee, Paris Bar
• Past co-chair PPP Task Force (IBA)
• Past council member section of Business Law, International Bar Association
• Past co-chair of Committee T (International Construction Project) (IBA)
• Past co-chair section of Energy & Natural Resources, Inter Pacific Bar Association (IPBA)
• Frequent speaker in France and foreign countries for private and public organisations (list of more than 100 publications, slides and papers on request)

The Alliance

Headquartered in Paris, France, the Global Construction & Infrastructure Legal Alliance is composed of four leading international law firms: Frilet Société d’Avocats, Watt, Tieder Hoffar & Fitzgerald, Karila Société d’Avocats, and P.S. Consulting.

This unique alliance was created in response to the increasing need for a network of international law firms able to provide its clients with legal support, advisory skills, and innovative solutions for national and international construction, infrastructure, and mining projects.

Services & Expertise

The lawyers at GcilA have decades of international experience, managing complex projects and legal matters on a global scale. At the same time, our indepth knowledge of local markets and legal systems makes us the ideal partners for any project.

Our services include drafting and negotiation of complex contracts and joint ventures, claims management, dispute resolution, contract management, construction insurance, concession and PPP projects and more.
We specialize in a variety of different domains including construction, mining, infrastructure, energy projects, insurance, and real estate.

Our Experience

GcilA’s partner firms manage billion dollar projects across the globe from start to finish. Whether in Malaysia, Western Africa, or Hawaii, our experienced teams accompany clients throughout the entire project and legal process.

Projects include the Petronas Towers in Kuala Lumpur, mass-housing projects in Caracas, ore handling terminals in the South-Pacific, a power plant in Taiwan, and a deep sea port concession in Madagascar.

All partner firms are frequently recognized by well-known legal guides such as Chambers and Partners, Who’sWhoLegal and The Legal 500, for outstanding work and legal services in their respective domains

Global networking

Developing proactive exchange and transnational synergies between leading experts from different legal systems and sectors is one of GcilA’s core missions. This international alignment allows us to transition effortlessly across different countries and legal frameworks.

GcilA’s member firms continuously strive to expand this sustainable network of global experts and discuss everything ranging from legal practices to finding the ideal support and representation for private, public, national or international clients.

Current networking activities include, IBA and ABA, the Dispute Review Board Foundation (DRBF), Uncitral, UN & EU, the AFDB, the ALSF and more.

Marc is continuously recognized for his achievements by the legal guide Who’s Who Legal who listed him several times as a go-to lawyer for construction, infrastructure and mining, especially in regards to the implementation of concession and PPP projects.