Insurance - Explanatory Note and Checklist

Region
7
Publication Year
Off
IRT Vehicle

Often in the construction phase of a BOT project the insurances are obtained by the contractor, who is not that interested in the longer term implications of the insurance cover. It is important for the project company, with longer term interests, to co-ordinate this task so as to be sure that the insurances will suffice for the longer term.

This note is intended to be a general high-level guide to insurance issues. For more detail an insurance specialist should be consulted.

Force Majeure - Checklist and Sample Wording

Region
7
Publication Year
Off

In order to avoid the uncertainties and delays involved in relying on the applicable law, parties to contracts often prefer to provide for a specific regime for force majeure, along with a definition of which events shall qualify for special treatment.

The term force majeure used in drafting project documents comes originally from the Code Napoléon of France, but should not be confused with the French doctrine. Generally, force majeure means what the contract says it means.

Civil Law Systems - Key Terms Implied by Law That Can Impact PPP Arrangements

Region
7
Publication Year
Off
In many civil law countries a separate administrative law governs PPP arrangements. A number of the key  administrative rules that apply to delegated management arrangements are listed below¹. 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.

Handbook For Evaluating Infrastructure Regulatory Systems

Region
7
Publication Year
Off

Evaluation and criticism of regulatory systems began almost as soon as they were first established. The three most common forms of evaluation are crosscountry statistical studies, cross-country descriptive analyses, and singlecountry structured case studies. The strengths and weaknesses of these different methods are analyzed.

Electrification and Regulation: Principles and a Model Law

Region
7
Publication Year
Off

The paper presents one of the first systemmatic attempts at defining workable regulatory systems that will “help” rather than “hinder” electrification with emphasis on offgrid electrification. It does this by first presenting four general principles that would need to be satisfied by such a regulatory system:
Principle 1—Adopt light-handed and simplified regulation.
Principle 2—Allow (or require) the regulator to “contract out” or delegate, either temporarily or permanently,
regulatory tasks to other government or nongovernment entities.