In the intricate world of Public-Private Partnerships (PPPs), establishing robust Legal and Regulatory Frameworks for PPPs is the foundational pillar for attracting private investment, ensuring project bankability, safeguarding public interest, and fostering long-term contractual stability, as a well-defined legal environment provides predictability, allocates risks effectively, and governs the rights and obligations of all parties. Without clear, comprehensive, and enforceable laws and regulations, PPP projects face heightened risks of disputes, delays, and financial distress, deterring private sector participation and undermining the successful delivery of essential public infrastructure and services. This comprehensive training course is meticulously designed to equip public sector officials, legal professionals, project developers, and financial institutions with the advanced knowledge and practical strategies required to understand, develop, and navigate the intricate legal and regulatory landscape governing PPPs, from enabling legislation and procurement rules to contract law, dispute resolution mechanisms, and sector-specific regulations. Without robust expertise in Legal and Regulatory Frameworks for PPPs, stakeholders risk legal challenges, contractual breakdowns, and a failure to create an attractive and trustworthy environment for sustainable private sector engagement, underscoring the vital need for specialized expertise in this critical domain.

Duration: 10 Days

Target Audience

• Public Sector Officials from Ministries of Finance, Justice, Infrastructure, and PPP Units
• Government Lawyers and Legal Advisors
• Private Sector Project Developers and Investors
• Financial Institutions and Lenders (including in-house counsel)
• Legal Professionals specializing in project finance, public procurement, and administrative law
• Regulators of infrastructure and public services
• Judges and Arbitrators involved in commercial and public law disputes
• Parliamentary Legal Committees and Policy Makers
• Consultants advising on legal and institutional aspects of PPPs
• Anyone involved in the drafting, interpretation, or enforcement of laws and regulations related to PPPs.

Objectives

• Understand the fundamental principles and objectives of a sound PPP legal framework.
• Learn about the various components of a comprehensive PPP legal and regulatory ecosystem.
• Acquire skills in identifying legal and regulatory barriers to private sector participation.
• Comprehend techniques for drafting effective enabling legislation for PPPs.
• Explore strategies for designing transparent and competitive procurement regulations.
• Understand the importance of contract law principles in PPP agreements.
• Gain insights into managing risks through contractual provisions and legal remedies.
• Develop a practical understanding of dispute resolution mechanisms in PPPs.
• Master the role of sector-specific regulations and their interaction with general PPP law.
• Acquire skills in ensuring legal enforceability and bankability of PPP contracts.
• Learn to apply international best practices and model laws for PPP legal frameworks.
• Comprehend techniques for fostering legal certainty and investor confidence.
• Explore strategies for addressing governance, transparency, and anti-corruption through law.
• Understand the importance of adapting legal frameworks to evolving PPP models and technologies.
• Develop the ability to lead and implement robust Legal and Regulatory Frameworks for PPPs.

Course Content

Module 1: Foundations of PPP Legal and Regulatory Frameworks

• Rationale for a specific PPP legal framework: predictability, risk allocation, investor confidence.
• Core principles: transparency, fairness, value for money, accountability.
• Overview of the components: enabling legislation, procurement rules, contract law, sector-specific laws.
• Relationship between general public law, administrative law, and PPP law.
• Importance of legal certainty and stability for long-term investments.

Module 2: PPP Enabling Legislation

• Key elements of a PPP law: definitions, scope, institutional roles, approval processes.
• Legal authority for public entities to enter into PPP agreements.
• Provisions for risk allocation, payment mechanisms, and termination.
• Parliamentary approval requirements and public finance considerations.
• Comparative analysis of different PPP laws globally.

Module 3: Procurement Regulations for PPPs

• Principles of competitive and transparent procurement: open bidding, competitive dialogue.
• Stages of the PPP procurement process: pre-qualification, tender, evaluation, award.
• Legal requirements for tender documents and evaluation criteria.
• Bid challenge mechanisms and remedies for aggrieved bidders.
• Avoiding corruption and ensuring integrity in procurement.

Module 4: PPP Contract Law and Principles

• Nature of PPP contracts: long-term, complex, multi-party agreements.
• Key contractual principles: good faith, privity of contract, force majeure, material adverse change.
• Governing law and jurisdiction for international PPPs.
• Contract interpretation and enforcement.
• Relationship between contract law and administrative law.

Module 5: Risk Allocation and Management through Contracts

• Legal mechanisms for allocating project risks (construction, operational, demand, political, financial).
• Drafting clear and unambiguous risk allocation clauses.
• Compensation mechanisms for changes in law or force majeure events.
• Performance guarantees, liquidated damages, and penalty clauses.
• Step-in rights and remedies for default.

Module 6: Financing and Security Legal Aspects

• Legal requirements for project financing structures (e.g., non-recourse, limited recourse).
• Security package for lenders: pledges, assignments, mortgages.
• Direct agreements and consent to assignment with lenders.
• Legal aspects of government support and guarantees.
• Cross-border financing considerations and foreign exchange regulations.

Module 7: Termination and Handback Legal Provisions

• Legal grounds for early termination: default, force majeure, convenience.
• Calculation of termination payments and compensation formulas.
• Legal procedures for asset transfer and handback.
• Dispute resolution for termination events.
• Ensuring continuity of service post-termination.

Module 8: Dispute Resolution Mechanisms in PPPs

• Negotiation and escalation procedures.
• Role of Dispute Boards/Adjudication Boards during project execution.
• Mediation as an alternative dispute resolution (ADR) mechanism.
• Arbitration (e.g., ICC, ICSID, UNCITRAL) for international disputes.
• Enforcement of arbitral awards and court judgments.

Module 9: Sector-Specific Legal and Regulatory Issues

• Legal frameworks for energy PPPs (e.g., power purchase agreements, grid codes).
• Water and sanitation sector regulations (e.g., tariffs, quality standards, licensing).
• Transport sector laws (e.g., tolling regulations, safety standards).
• Social sector regulations (e.g., health and education standards).
• Digital infrastructure laws (e.g., telecommunications, data privacy).

Module 10: Land Acquisition and Environmental Legal Aspects

• Legal frameworks for land acquisition, eminent domain, and resettlement.
• Environmental permitting and licensing requirements.
• Compliance with national and international environmental laws.
• Legal aspects of social safeguards and community engagement.
• Addressing climate change legal implications in contracts.

Module 11: Governance, Transparency, and Anti-Corruption

• Legal provisions for transparency in PPP processes and contracts.
• Anti-corruption laws and their application to PPPs.
• Disclosure requirements for project information and financial data.
• Whistleblower protection and integrity pacts.
• Role of independent oversight bodies and audits.

Module 12: Institutional Framework and PPP Units

• Legal mandate and powers of PPP Units/Agencies.
• Roles and responsibilities of different government entities in the PPP process.
• Inter-agency coordination mechanisms.
• Legal framework for capacity building and training.
• Accountability of public officials in PPP decision-making.

Module 13: Adapting Legal Frameworks to New PPP Models and Technologies

• Legal challenges of new PPP models (e.g., unsolicited proposals, programmatic PPPs).
• Adapting laws for digital infrastructure, smart cities, and AI in PPPs.
• Legal implications of circular economy principles in contracts.
• Regulatory sandboxes for innovative PPP solutions.
• Ensuring legal flexibility for future technological advancements.

Module 14: International Best Practices and Model Laws

• Review of UNCITRAL Legislative Guide on PPPs and other international guidance.
• Analysis of model PPP laws and regulations from various jurisdictions.
• Lessons learned from legal reforms in different countries.
• Harmonizing national laws with international standards and treaties.
• The role of international financial institutions (IFIs) in legal reform.

Module 15: Practical Workshop: Drafting Key Legal Provisions

• In-depth analysis of a hypothetical PPP project scenario.
• Hands-on exercise: Drafting key clauses for a PPP enabling law or a specific PPP contract (e.g., risk allocation matrix, termination clauses).
• Workshop: Analyzing a problematic legal provision and proposing amendments.
• Group discussions on legal challenges in real-world PPP case studies.
• Developing a roadmap for legal and regulatory reform for PPPs.

Training Approach

This course will be delivered by our skilled trainers who have vast knowledge and experience as expert professionals in the fields. The course is taught in English and through a mix of theory, practical activities, group discussion and case studies. Course manuals and additional training materials will be provided to the participants upon completion of the training.

Tailor-Made Course

This course can also be tailor-made to meet organization requirement. For further inquiries, please contact us on: Email: info@skillsforafrica.org, training@skillsforafrica.org Tel: +254 702 249 449

Training Venue

The training will be held at our Skills for Africa Training Institute Training Centre. We also offer training for a group at requested location all over the world. The course fee covers the course tuition, training materials, two break refreshments, and buffet lunch.

Visa application, travel expenses, airport transfers, dinners, accommodation, insurance, and other personal expenses are catered by the participant

Certification

Participants will be issued with Skills for Africa Training Institute certificate upon completion of this course.

Airport Pickup and Accommodation

Airport pickup and accommodation is arranged upon request. For booking contact our Training Coordinator through Email: info@skillsforafrica.org, training@skillsforafrica.org Tel: +254 702 249 449

Terms of Payment: Unless otherwise agreed between the two parties’ payment of the course fee should be done 7 working days before commencement of the training.