Marc Gilliéron

Marc Gilliéron

Partner
Attorney-at-law

t: +41 (0)22 702 0700

f: +41 (0)22 702 0701

Marc is a member of the commercial group of the firm and focuses on the commodities industry. He advises the clients of the firm (both established in Switzerland and abroad) in contentious and non contentious matters, such as trading and related agreements (international sale and purchase, CMA, transportation, tolling, agency, distribution, insurance, etc), trade finance arrangements, commercial and industrial projects (e.g. port terminals, storage and processing facilities, etc.), corporate set-ups and restructuring, regulatory issues and the general corporate matters any company active in the commodities industry may be involved in. Moreover, Marc has developed over the years a good understanding and knowledge of the CIS commodities environment, where important clients of the firm have a presence or originate their business.

Besides the commodities work described above, Marc is active in real estate (transactions and financing) and also advises the clients of the firm in connection with general contract and corporate laws (corporate set-ups, M&A, restructuring, insolvency and recovery proceedings, etc.).

Notable work

Non contentious matters

  • assisting a Singapore based investment fund in relation to various trade finance and security arrangements;
  • assisting a major US investment bank in relation to the migration to Switzerland of one of its biggest commodities clients, involving the novation of a 1bn USD set of sale and purchase, financing and security arrangements;
  • advising an oil company in connection with the setting-up and organization of entities to be involved in a Production Sharing Agreement with a CIS State in the Caspian Sea region;
  • assisting a major international commodities trading house in the partial sale of one of its divisions;
  • advising a CIS based client in connection with the development of the biggest vegetable oil terminal in the Black Sea region;
  • advising major international energy trading companies with respect to the Swiss regulatory regime applicable to their financial (and hedging) activities (involving OTC derivatives, contracts for difference, futures and securities trading, etc), whether as a component of their physical business or as an independent activity;
  • drafting trade finance documentation and General Terms & Conditions for a commodities hedge fund (credit facility agreements, pledge agreements, repurchase agreements, syndication agreements, etc);
  • international joint-venture transactions (agri-business) involving a US listed group;
  • acquisitions by an EU based group of companies of agro-industrial assets and port facilities located in the Black Sea region.

Other non contentious matters (commercial and corporate matters)

  • advising a French investment fund in connection with the acquisition of a Swiss based secondment group providing services and assistance to major oil companies;
  • advising a US based real estate investment company in the acquisition of hotels and student residences in Switzerland;
  • advising a real estate development company within the frame of a CHF 350m residential development in Switzerland;
  • advising Swiss and foreign investors in the acquisition of a real estate portfolio with assets located in Switzerland, France, Italy and the Caribbean.

Contentious matters

  • co-lead counsel representing a consortium of banks and creditors in relation to an important financial fraud commited in Switzerland and Russia;
  • lead counsel representing an important CIS soft commodities company in the frame of contaminated vegetable oil disputes;
  • assisting a coal trader in the frame of a 10m USD ICC arbitration;
  • enforcement in Switzerland of worldwide freezing orders against a commodities trader;
  • interim measures taken in Geneva against a State/statal assets by two major European banks within the frame of a EUR 50m dispute;
  • assisting a Swiss energy trader in ICC arbitration proceedings.
Background

Marc GILLIERON graduated from the University of Geneva in 1998. He trained at a reputable Geneva based firm where he practiced on a numerous of international litigations and arbitrations. Marc joined the firm Chabrier Avocats SA in 2001 and became a partner in 2003.  

Practice Areas
  • International Trading & Commodities
  • Real Estate