DATES: MAY 30 - JUN 10, 2022    
         
VENUE: IN-PERSON AND ONLINE    apply now button  
       
TUITION: $4200    
       

 

  

  

 


Overview

This course provides training in the design, negotiation and financing of private participation in infrastructure and covers topics of interest to private sector lawyers, contractors, bankers and accountants as well as government officials. It uses case studies and mock negotiations to identify critical issues related to the use of project finance techniques to fund Public-Private Partnerships.

 

Format

The seminar will be delivered through 10 live online sessions via videoconferencing platform. Each session will last approximately 3.5 hours and will start at a time to be announced closer to the seminar, but the starting time will be within a time window of 7:00 am – 8:30 am Washington DC time (Eastern Standard Time). We expect the classes to be highly interactive and will include presentations, case studies and exercises.

 

Course Outline

 

Planning for Private Participation

  • General nature of private infrastructure finance
  • Lessons learned from past policies and projects
  • Strategic considerations for the host government and for the private sector participant
  • Identification and preparation of individual projects
  • Developing a communications strategy

Design of Concessions and other PPP Arrangements

  • Legal and regulatory framework
  • Design of individual agreements
  • Special problems of agreements with local authorities and other subnational entities
  • Key financial considerations, including the concept of bankability
  • Basic project documents

Negotiation of Key Contract Clauses

  • The negotiation process
  • How to negotiate contentious clauses, including: clauses to make a concession bankable; termination provisions and compensation in event of termination; tariff and price adjustment clauses; unilateral change and economic hardship clauses; provisions for government support; transfer of assets at the end of the concession and dispute settlement clauses

Project Finance: Structure and Basic Techniques

  • The concept of project finance
  • Risk analysis and mitigation
  • Legal structures
  • Basic techniques

 
Project Finance: Arranging the Funding

  • Sources of finance
  • Providing credit support and security for loans
  • Financial documentation

 

Renegotiation of Agreements

  • Most common reasons for renegotiation
  • Alternatives to renegotiation
  • Types of renegotiation
  • Clauses in the concession agreement to facilitate renegotiation

 

Course Advisors

John M. Niehuss is Director of ILI's Private Investment in Infrastructure Center. He has been involved in international financial and investment transactions for over 40 years as a practicing lawyer, World Bank staff member, US Treasury Department official, investment banker, and General Counsel of the Inter-American Development Bank and the U.S. Export-Import Bank. He also serves as an adjunct faculty member at the University of Michigan Law School and at the Peking University School of Transnational Law in Shenzhen, China.

Carol Mates is an attorney specializing in business transactions/international development finance/project finance with three decades experience at International Finance Corporation (IFC), the private-sector financing arm of the World Bank Group, as well as prior experience at US law firms and the legal department of US-based multinational bank and, post-retirement from IFC, the United States Agency for International Development (USAID).