The areas of law covered include Litigation (Preliminaries, Before Commencing Proceedings, Commencing Proceedings, Defending a Claim, Joinder and Consolidation, Duties and Powers of the Courts, Disclosure, Evidence, Judgments and Orders, Settlement) and Alternative Dispute Resolution (General principles and Institutions).
Can the awarding authority be sued or does it have sovereign immunity? If the awarding authority is part of the government, it may have immunity from prosecution and so it may be necessary for such entity to specifically confirm that it will not be bound by sovereign immunity.
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When reviewing or drafting an agreement, it is important to take a careful look at the dispute resolution clause. This will determine where and how disputes will be heard and it is important to ensure that the provisions are appropriate and enforceable in the relevant jurisdiction by checking with local lawyers. Dispute resolution mechanisms vary dramatically, and are key to how the careful drafting you use in the agreement will be interpreted, and whether it will be enforceable. It is hard to overstate the importance of such provisions.
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Introduction
It is common for contractors to request the inclusion of an exclusive remedies clause in a contract. However, from the perspective of an owner, the danger of an exclusive remedies clause is that it may prevent the owner from recovering any type of damages not specifically provided for in the contract.
Find more related materials at PPP Checklist and Risk Matrix
Tracking Number: Change_of_Law_Checklist_Sample_Wording_EN
General: A benchmarking period enables the operator to establish, with the participation of the awarding authority, the base case for performance and asset condition during a preliminary phase of the project. The disadvantages are that: -
The checklist should also be useful in identifying areas which have not been addressed or require further attention.
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Standard provisions announcement and Amendment of contracts
The reference tool is a guide that builds on global research into projects and the lessons that can be learned from their performance throughout construction and operations. It provides practical advice for public officials responsible for the management of PPPs after financial close.
This Guidance is intended for governments who wish to include public-private partnerships in their toolkit of methods for delivering infrastructure assets and services. It explains why a suitable PPP legal framework is essential and describes mechanisms for designing and implementing such framework. This Guidance sets out the main aims of and requirements for a PPP legal framework, while recognizing that there is no "one size fits all" solution.