FacultyFaculty/Author Profile

Frederick R. Fucci

Arnold & Porter LLP

New York, NY, USA


Frederick R. Fucci focuses his practice on the development and financing of infrastructure projects in the US and in emerging markets with a focus on energy. He has been lead counsel on independent power projects (IPPs) using both carbon-based and renewable fuels. He has advised on the installation of numerous distributed generation facilities (on-site) using combined heat and power (CHP) or cogeneration technologies. He also advises energy services companies (ESCOs) on energy efficiency projects carried out under energy performance contracts or demand side management programs. He has recent experience in solar power purchase agreements (PPAs) and utility-scale geothermal, hydroelectric, wind, and solar generation projects, as well as in a large-scale petroleum refinery development project.

Practice Areas
- Corporate and Securities
- International Trade
- International Arbitration

Education
- JD, Georgetown University Law Center, 1987
- MA, Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, 1987
- Resident Foreign Fellow, Ecole Normale Supérieure, Paris, 1981-1982
- BA, Amherst College, 1981

Admissions
- New York
- District of Columbia

He also devotes a significant portion of his practice to corporate transactions, including mergers, acquisitions, asset purchases and dispositions, joint ventures and the financing of start-up enterprises, with an emphasis on foreign companies investing or acquiring businesses in the US. In this context, Mr. Fucci provides general commercial and corporate advice for both US and foreign companies. He has drafted and negotiated numerous joint venture and commercial contracts, as well as supply of goods and equipment purchase agreements.

Over the course of his career, Mr. Fucci has become experienced in dispute resolution techniques such as international commercial arbitration and international judicial assistance in the aid of enforcement of judgments. He has acted as counsel to parties to disputes and as a neutral arbitrator in international arbitration proceedings under both International Chamber of Commerce (ICC) and International Centre for Dispute Resolution (ICDR) rules.

In the 1990s, he served as Project Counsel for the project financing of the 1200 MW Jorf Lasfar, Morocco thermal power plant and later for the development and financing of independent power projects in Mexico, Brazil, and other emerging countries.

In the context of his energy development work, Mr. Fucci has drafted and negotiated construction (engineering, procurement, and construction-EPC/design-build), equipment supply and operations and maintenance (O&M) agreements for power and process plants.

In 1993, Mr. Fucci served as an advisor seconded to the Investor Services Directorate of the Treunhandanstalt (German Privatization Agency) providing counseling to foreign investors on the procedures for purchasing state-owned companies and requirements of privatization contracts in the former East Germany.

Languages
French, Italian, German (fluent)
Spanish, Portuguese (working knowledge)

Rankings
The New York City Bar Association's (NYCBA) has named Frederick R. Fucci as Chair of the Energy Committee, effective September 1, 2009, for a three-year term. Chairs are appointed by the President of NYCBA and lead the Committee in shaping NYCBA positions and framing debate on legal questions relating to energy law and policy. Mr. Fucci has been an active member of the NYCBA and a member of its Energy Committee for the past three years.

Professional and Community Activities

  • Counsel to the US Green Building Council, NY Chapter, with relation to the New York City Green Codes Task Force, an initiative to revise the New York City Building Code
  • Chair, Energy Committee, New York City Bar Association
  • Member, Section on Energy & Resources, International Bar Association
  • Member, Section of Environment Energy & Resources and Section of International Law, American Bar Association
  • US delegate since November 2003 to the Commission on Arbitration of the International Chamber of Commerce—Participating in the review and development of international arbitration rules and standards
  • Member of USCIB Committee on Arbitration, Chair of the Transactional Lawyers Subcommittee (law firm attorneys)
  • Professional accreditation from the American Translators Association in French and Italian translation
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