DATES:    NOVEMBER 7 - 18, 2016

TUITION: $4,500 USD

OVERVIEW

This course provides training in the design, negotiation, and financing of private participation in infrastructure and covers topics of interest to private sector lawyers, contractors, bankers, accountants, as well as government officials. It uses case studies and mock negotiations to identify critical issues related to the use of project finance techniques to fund Public-Private Partnerships.
Special emphasis is placed on Chinese investors including both private and State Owned Enterprises. Pivotal discussion will include Financing, Project Management, and Ensuring Outcomes.

 

PLANNING FOR PRIVATE PARTICIPATION

  • General nature of private infrastructure finance
  • Lessons learned from past policies and projects
  • Strategic considerations for the host government and for the private sector participant
  • Identification and preparation of individual projects
  • Developing a communications strategy

 

DESIGN OF CONCESSIONS AND OTHER PPP ARRANGEMENTS

  • Legal and regulatory framework
  • Design of individual agreements
  • Special problems of agreements with local authorities and other subnational entities
  • Key financial considerations, including the concept of bankability

 

NEGOTIATION OF KEY CONTRACT CLAUSES

  • The negotiation process
  • How to negotiate contentious clauses, including: clauses to make a concession bankable; termination provisions and compensation in event of termination; tariff and price adjustment clauses; unilateral change and economic hardship clauses; provisions for government support; transfer of assets at the end of the concession and dispute settlement clauses

 

FINANCE: STRUCTURE AND BASIC TECHNIQUES

  • The concept of project finance
  • Risk analysis and mitigation
  • Legal structures
  • Basic techniques
  • Basic project documents

 

FINANCE: ARRANGING THE FUNDING

  • Sources of finance
  • Providing credit support and security for loans
  • Financial documentation

 

RENEGOTIATION OF AGREEMENTS

  • Most common reasons for renegotiation
  • Alternatives to renegotiation
  • Types of renegotiation
  • Clauses in the concession agreement to facilitate renegotiation

 

PRIVATE PARTNERSHIP FOR INFRASTRUCTURE

  • Including Benefits, Limitations, Implications of a Turn-Key Contracts
  • Mergers and Acquisitions in China: law and practice

 

DEALING WITH CRITICAL NON-FINANCIAL ISSUES

  • Procurement
  • Environment
  • Resettlement
  • Human rights
  • Corruption