Country: Global / Non-Specific
Keywords: Refinancing, Contract, Step-in rights, Termination, Material Adverse Government Action, Handover, Legal issues, Change in law, Risk, Risk allocation, Confidentiality
This document presents guidance on contractual provisions that can be found in virtually every PPP contract, taking into account feedback received during internal and external consultations with relevant public and private stakeholders.
This current edition of the Guidance on PPP Contractual Provisions, 2019 Edition (“Guidance”) is largely based upon work done by the international law firm of Allen & Overy LLP, under a team led by David Lee, Helga Van Peer, Tim Conduit, Fleur Clegg and Sarah Garvey, with input from across Allen & Overy’s global PPP practice. It builds on the Guidance’s 2017 edition on which Allen & Overy LLP also worked and which expanded the Guidance’s first edition, known as “Report on Recommended PPP Contractual Provisions, 2015 Edition”, as developed by a Paris-based team of the international law firm of Gide Loyrette Nouel. The work done by both Allen & Overy LLP on this 2019 and on the 2017 edition and Gide Loyrette Nouel on the 2015 Report was generously funded by the Public-private Infrastructure Advisory Facility (PPIAF). PPIAF, a multi-donor trust fund housed in the World Bank Group, provides technical assistance to governments in developing countries. PPIAF’s main goal is to create enabling environments through high-impact partnerships that facilitate private investment in infrastructure. For more information, visit www.ppiaf.org
Updated: October 25, 2021
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