Approaches to Mitigate Legal Risks and Assessment of a Company"s or a Group’s Project Financing Options

Erik Marissen, Corporate Counsel, Marsh Inc, Belgium

In today’s global economy clients often have a choice between different types of financial services to cover entirely or practically the same type of risk. In this context insurance or reinsurance services are competing increasingly with bank services and other financial services and products to cover a specific company’s risk. This article proposes to provide an overview of the main legal risks a company could consider in the negotiation, conclusion and execution of an insurance policy compared with those other bank and financial services (guarantees, pledges etc.). Considering the issue from the in-house corporate counsel’s point of view, two main aspects seem of particular relevance: • The contractual context, i.e. the main legal risks of the contract negotiation. • The organizational context: which different organizational elements corporate counsel could take into account while advising its company with respect to the negotiation, conclusion and execution of the contract? The general purpose of the paper is to focus essentially on modalities of international relevance.

Erik Marissen qualified respectively in Romance, Philosophy and Law at the University of Antwerp, Belgium. After starting its career in education in 1989, he went on to practice law at the Brussels Bar in 1995 advising both national and international clients in matters of commercial, corporate and insurance law. Since 2001 he is corporate counsel with Marsh in Belgium.

Marsh is the world leader in delivering risk and insurance services and solutions to our clients. With 24,000 employees around the world, we provide global risk management, risk consulting, insurance broking, alternative risk financing, and insurance program management services for businesses, public entities, associations, professional services organizations, and private clients in over 100 countries. Marsh is organized by client, industry, and risk categories to facilitate the global delivery of highly specialized products and services covering a wide spectrum of risks.