Title: Draft Guidance on PPP Contractual Provisions (2019)

Languages: English

Type: Document

Published: February 1, 2019

Region: Global

Country: Global / Non-Specific

Topics: Agreements

Keywords: Contract, Termination, Risk, Legal issues, Financing, Risk allocation, Material Adverse Government Action, Change in law, Step-in rights, Refinancing, Handover, Confidentiality


Document Summary:

The draft updated Guidance on PPP Contractual Provisions is open for public consultation to capture inputs and recommendations by all relevant stakeholders to feed into the new edition.

The PPP team, within the World Bank Group’s Infrastructure Vice Presidency, is working with other development partners on the updated edition, expected to be released during summer 2019. The goal of the Guidance is to assist its target audience, namely contracting authorities—and particularly those in emerging PPP markets—with obtaining a better and more comprehensive understanding of a number of essential provisions in a PPP agreement, such as force majeure, termination payments and dispute resolution.

Document Details:

Following up on the 2017 edition, this new version will include:

  • An update of the existing eleven chapters in accordance with stakeholder feedback received on the 2017 edition, including the consideration of themes such as climate change and environmental/social issues in the context of PPP agreements.    
  • Three additional chapters, including both sample drafting and commentary highlighting differences in legal systems and considerations relevant due to different levels of PPP transactional experience.

The new chapters will cover the topics of:

  • contracting authority step-in rights;
  • termination events, and;
  • handback of assets at the end of the PPP agreement.

We appreciate your input and feedback by April 30, 2019.

While all comments received will be reviewed and documented, comments and recommendations may not necessarily be incorporated into the final version of the Guidance. A comprehensive table will be released at the end of the consultation phase listing all feedback, comments and recommendations without attribution to the person, organization or entity that submitted it.

If you and/or your organization are interested in collaborating with the team to enhance the updated edition of the Guidance on PPP Contractual Provisions, please submit your comments and feedback by April 30, 2019.

Thank you in advance for your feedback.

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Updated: January 25, 2022