Course Details

Public-Private Partnerships (PPP): Legal and Regulatory Issues Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for navigating the intricate legal and regulatory landscape of Public-Private Partnerships (PPPs). Recognizing that PPPs are increasingly vital for delivering public infrastructure and services, but fraught with complex legal challenges, this program equips participants with a systematic understanding of the legal frameworks, contractual arrangements, and risk allocation crucial for successful project development and implementation. Participants will gain deep insights into procurement processes, financing structures, dispute resolution, and regulatory compliance specific to PPPs, ensuring robust and sustainable collaborations. This course is ideal for government officials, legal professionals, project developers, investors, and consultants involved in PPP initiatives.

DURATION

5 days

TARGET AUDIENCE

This course is specifically designed for professionals involved in the planning, development, implementation, and oversight of Public-Private Partnerships, including:

• Government officials from ministries of finance, infrastructure, and line ministries.
• Legal professionals, in-house counsel, and external advisors specializing in project finance or public law.
• Project managers and development professionals from public and private sectors.
• Investors, financiers, and financial advisors involved in PPP transactions.
• Consultants providing advisory services on PPPs.

OBJECTIVES

Upon completion of this course, participants will be able to:

• Understand the fundamental legal and regulatory frameworks governing PPPs.
• Identify key legal risks and challenges inherent in PPP project structures.
• Analyze different PPP contractual models and their legal implications.
• Navigate the legal aspects of PPP procurement, financing, and dispute resolution.
• Contribute to designing legally sound and sustainable PPP projects.

MODULES

Module 1: Introduction to Public-Private Partnerships and Legal Frameworks

• Define PPPs and their rationale for public service delivery and infrastructure development.
• Explore different types of PPP models (e.g., BOT, BOOT, Concession, Management Contract).
• Understand the foundational legal and policy frameworks for PPPs at national and international levels.
• Discuss the enabling environment required for successful PPP implementation.
• Examine the balance between public interest and private sector returns in PPPs.

Module 2: PPP Project Life Cycle and Legal Implications

• Understand the stages of a typical PPP project life cycle (e.g., identification, appraisal, procurement, construction, operation, handback).
• Discuss the legal implications and critical decision points at each stage.
• Explore the role of feasibility studies, value for money assessments, and legal due diligence.
• Examine the allocation of roles and responsibilities between public and private partners.
• Understand the importance of project governance throughout the lifecycle.

Module 3: Legal Aspects of PPP Procurement

• Understand the legal requirements for transparent and competitive PPP procurement processes.
• Discuss different procurement approaches (e.g., competitive dialogue, negotiated procedure).
• Explore the legal considerations in drafting and issuing Expressions of Interest (EOI) and Request for Proposals (RFP).
• Examine bid evaluation criteria and legal challenges to procurement decisions.
• Understand the importance of managing conflicts of interest and ensuring fairness.

Module 4: PPP Contractual Structures and Key Clauses

• Analyze the core elements of a PPP contract and its multi-party nature.
• Discuss key contractual clauses: scope of services, performance standards, payment mechanisms.
• Explore legal provisions for risk allocation, force majeure, and material adverse change.
• Examine contract management provisions, including reporting, monitoring, and compliance.
• Understand step-in rights, default provisions, and termination clauses.

Module 5: Legal Risks and Mitigation in PPPs

• Identify common legal risks in PPP projects (e.g., regulatory changes, political risk, expropriation, force majeure).
• Discuss strategies for legal risk identification, assessment, and allocation between parties.
• Explore the role of government guarantees and support agreements in mitigating risks.
• Examine contractual mechanisms for risk sharing and management.
• Understand the importance of robust legal due diligence by both public and private entities.

Module 6: Financing Legal Frameworks for PPPs

• Understand the various financing structures for PPPs (e.g., project finance, syndicated loans, bonds).
• Discuss the role of lenders, equity providers, and financial advisors from a legal perspective.
• Explore legal documentation related to financing agreements (e.g., loan agreements, security packages).
• Examine legal considerations for securitization and refinancing of PPP projects.
• Understand the importance of legal opinions and conditions precedent for financial close.

Module 7: Dispute Resolution and Enforcement in PPPs

• Identify common sources of disputes in PPP projects.
• Discuss various dispute resolution mechanisms provided in PPP contracts (e.g., negotiation, mediation, dispute boards, arbitration, litigation).
• Explore the advantages and disadvantages of different dispute resolution forums.
• Understand the enforceability of arbitration awards and judicial decisions in PPP contexts.
• Examine strategies for proactive dispute avoidance and management.

Module 8: Regulatory Compliance, Oversight, and Sustainable PPPs

• Discuss the legal framework for regulatory compliance during the operation phase of a PPP.
• Explore the role of independent regulators and government oversight bodies.
• Understand legal requirements for environmental, social, and governance (ESG) compliance in PPPs.
• Examine the legal aspects of project monitoring, performance management, and reporting.
• Discuss the legal considerations for contract expiry, asset handback, and post-PPP liabilities.

CERTIFICATION

• Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

TRAINING VENUE

• Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

• Airport pick up and accommodation is arranged upon request

TERMS OF PAYMENT

Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com