P-102
PPP Structuring, Legal Agreements, and Concession Contracts
CEUs: 6.0
Course Description
Contracts and legal agreements are at the foundation of any public-private partnership transaction. Once sound agreements are put in place, PPPs and concessions can achieve the objectives set forth by all parties in the transaction. Under poorly structured agreements, these partnerships have a higher likelihood of failing. With hundreds of millions of dollars at stake, it is imperative that time and money are well spent in designing good legal agreements and contracts.
In this course, participants will learn best practices in creating, negotiating, and implementing sound PPP and concession contracts. Using presentations, case contract reviews, and simulation exercises, participants will deepen their understanding of the key elements of successful PPP and concession contracts, effective risk allocation, and the development of negotiation skills. The course will also describe the key financing agreements typically required by lenders in project finance transactions, and include discussions on risk and mitigation techniques, and how to handle contract disputes.
Learning Outcomes
Through successful completion of this course, participants will be able to:
- Understand public-private partnerships and the overview of the project cycle
- Compare the structure and design of legal agreements for PPP infrastructure projects between public agencies and private investors
- Examine effective legal contracts within a regulatory framework
- Identify all relevant project risks: engineering, financial, economic, design/build, political, social
- Develop strategies for resolving disputes and learn conflict resolution techniques for settlements
- Analyze and review legal documents including concession, offtake and other types of PPP contracts and key financing agreements
- Identify how to take advantage of international best practices to improve personal or organizational negotiating positions, vis-á-vis international investors and partners
- Develop effective negotiation strategies to reduce costs and delays in procurement and project development
- Design a strategic legal agreement action plan
Who Will Benefit
- Legal staff from national line ministries, state infrastructure agencies, or municipal governments
- Legal staff from PPP units, privatization units or investment agencies responsible for infrastructure development
- PPP transaction advisors, legal counsel or project developers involved with PPP project development
- Legal staff from regulatory bodies
- Legal staff of bilateral and multilateral international development organizations