Enabling Environment Assessment for PPPs ** | Public Private Partnership

PPP Regulatory Guidelines Collection

Read more about PPP Regulatory Guidelines Collection

The EBRD PPP Guidelines comprise of a set of Model Laws, Policies and Templates that have been produced according to best practices and international standards, and can be used by Governments and respective agencies as benchmark and reference material, including a chapter on reconsidering PPP frameworks and contracts; post-crisis recovery response.

Due Diligence Checklist for Legal and Institutional Enabling Environment for PPP Issues

Read more about Due Diligence Checklist for Legal and Institutional Enabling Environment for PPP Issues

Find more related materials at PPP Checklist and Risk Matrix

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Due_Diligence_Checklist_Legal_Institutional_Enabling_Environment_PPP_EN

Insolvency Laws

When contemplating any form of financing of infrastructure project, the host country’s insolvency laws will need to be understood by all parties concerned. Any host country seeking to attract private sector investment will need to have transparent and efficient insolvency laws which are fair to the parties concerned and are consistent with an ever more standardized international standard.

Health and Safety Laws

Health and safety laws vary considerably from country to country, and there is a trend towards greater focus on safety in the workplace – particularly on construction sites.

Environmental Standards and Engineering Standards

Engineering Standards

A duty to operate in accordance with "good industry standards", for example in the toll road industry, means:

Availability and Terms of Insurance

Infrastructure projects carry a number of risks and potential liabilities that are typically covered by insurance. The availability of insurance coverage and the terms of such coverage will differ from country to country and specific local advice should be sought on what is appropriate. In some countries, only local insurance is available, or there are restrictions on reinsurance.

Key Issues in Civil Law Systems That May Impact PPP Projects

In many civil law countries a separate administrative law governs PPP arrangements.It is important to seek local legal advice to check whether these rules apply in a particular civil system. It is also important to note that in a civil law jurisdiction, unless the contract specifies that the parties have agreed to arbitration, the contract will be enforced by the administrative courts.

Contract Law – Limitations on Freedom of Contract

The legal environment of a host country is likely to contain a number of restrictions on the parties' ability to contract freely and may also imply a number of provisions into the agreement. Civil law jurisdictions have a number of doctrines that will be implied into the relationship between the parties. For more, go to Key Issues in Civil Law systems that impact PPP projects.

Mechanisms Enabling Legal Challenges against PPP Projects/Programs

It is important for both government and potential investors to consider early on in the project development the range of mechanisms for challenging the PPP arrangement and determining the risk of such a challenge. Protections are often built into the law to protect private citizens from government action that has a detrimental impact and so due process should be followed. From a practical perspective, such challenges can give rise to delays in the project.

Dispute Resolution Systems Available

It is important to understand what forms of legal redress will be available to the various parties involved in an infrastructure project. Foreign investors will be generally nervous about relying on a legal system that they do not understand and/ or know. The awarding authority will want to ensure that costs are kept low, that resolution of disputes is as local and efficient as possible.