PPP Contract Negotiation, Strategy & Legal Agreements Training Week

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Overview

Attend this training week programme and save over 15% on the combined price of:

Over the past decade, many countries have initiated major infrastructure sector reforms that separated policy making from service delivery and promoted projects with various forms of private sector participation or public private partnerships (PPPs). This unique five day training course has been developed to provide an understanding to developing and implementing successful and robust PPP contracts and legal agreements.

This course is about setting out the key parameters that make for successful and robust PPP agreements, parting from key principles for their design and implementation all the way to practical aspects of contractual and legal implications of PPPs. Since these types of contracts are long term contracts, it is important that their development is based on an adequate risk allocation between the public and private sector, apportioning risk according to the maxim of the ‘person best paced to manage such a risk’.

This course parts from setting out the basic elements for considering Private Participation in developing infrastructure, and then looks at how to best plan the process of introducing private expertise and finance. As many PPPs are actively used to provide public services, the course will delve into the importance of involving different stakeholders in the design of the arrangement. This leads on to an appropriate allocation of risks and responsibilities between the parties and how that is represented within a contractual arrangement. Finally, an overview of the fiscal impact of PPPs, and the need for governments to adequately manage direct and contingent liabilities related to such agreements will be looked at. Ultimately, it is this combination of issues and topics whose careful combination can lead to the successful design, implementation and monitoring of PPP schemes for infrastructure.

Course objectives

  • Provide an introduction to and context for developing infrastructure financing solutions by using PPPs
  • Describe the process of developing a project from the concept stage to implementation and contract supervision
  • Present a set of tools and techniques that can be used as a basis for sound and rigorous evaluation, decision making, monitoring and control of PPPs
  • Understand the main principles and techniques for robust PPP contract design
  • Provide a basic primer of commercial terms and their implications in different legal environments where PPPs take place
  • Link risk assessment to contract clauses by understanding the critical business aspects that are to be enshrined in a contract
  • Given the fact that PPPs have the added challenge of being a long term arrangements, afford practical insights and techniques to effectively introduce clauses that allow modifications and changes to the original terms of the contract without jeopardizing the overall business relationship

 
Methodology

The design of the course combines theory with relevant case studies as well as interactive participatory discussions. The course strikes a balance between qualitative and qualitative metrics, using case studies to illustrate core concepts or to address sometimes counter positions - the public and private perspectives when undertaking a PPP project. Role playing will also be used to showcase policy issues and their applicability with financial and bankability issues common in PPP design, development and monitoring. Further, the course provides different techniques available to practitioners to deal with critical issue of PPP design and risk allocation and how these are translated into legal arrangements. Importantly, through interactive discussions and case studies, it will illustrate the way in which change is managed in different PPPs. It will also provide course attendants with specific and practical techniques for drafting form scratch PPP agreement, based on proven pragmatic and practical techniques based on best international practice.

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