This paper sets out a checklist of issues for a government to consider when designing or revisiting its framework for managing guarantees.

When preparing or reviewing PPP project documents, having access to specific checklists can help ensure that important legal and contractual issues are thoroughly considered:

When preparing or reviewing public private partnerships project documents it is useful to have access to sample clauses. Here are some clauses dealing with areas that can give rise to confusion in infrastructure projects if not carefully considered:

This section provides the PPP sector specific checklists and the checklists of key legal/drafting issues in PPPs and sample clauses.

Two Types of Immunity

States generally benefit from two forms of immunity: jurisdiction and execution [1].

- A state's immunity to jurisdiction results from the belief that it would be inappropriate for one state's courts to call another state under its jurisdiction. Therefore, state entities are immune from the jurisdiction of the courts of another state. However, this immunity can generally be waived by the state entity.

You can also download a word version of the Benchmarking Period Checklist.

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: -

Negotiations

The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a director of each of the Parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within fourteen (14) days from the date on which either Party has served written notice on the other of the dispute then the remaining provisions of this Clause [ ] shall apply.

You can download a word version of this Dispute Resolution Checklist.

Find a summary of termination and force majeure provisions used in PPP projects in Europe in EPEC guidance - Termination and Force Majeure Provisions in PPP Contracts - Europe.

Example 1 - simple example

This is a simple example, with no distinction between political and natural events. It requires that payment obligations continue even in the case of Force Majeure. It relates to a BOT project and so there is a Construction

See also, Sample force majeure Clauses

What is force majeure?

Certain events, beyond the control of the parties, may inhibit the parties from fulfilling their duties and obligations under the project agreements. To avoid the resultant breach of contract, parties may prefer to excuse contractual obligations to the extent that they have been so inhibited.