Conference Best practices in developing and protecting investments in privately financed infrastructure projects

Best practices in developing and protecting investments in privately financed infrastructure projects

• Data: 30 e 31/8
• Horário: (ver programação)
• Local: Copacabana Palace Hotel - Avenida Atlantica, 1702 - RJ

Section on Energy, Environment, Natural Resources and Infrastructure Law, IBA Legal Practice Division

Don't miss this highly topical event!

This conference will focus on the key success factors for the application of PPP in Latin America and the most important issues for international construction projects. There will be particular emphasis on recent projects and new developments in PPP from around the world, especially Latin America. Construction contract models, international standard forms, ADR methods on construction disputes and risk management will also be discussed.

Who should attend

Legal practitioners, government officials and representatives from the financial and construction industries with particular interest in Latin America.

Conference Co-Chairs

-Júlio César Bueno
Pinheiro Neto Advogados, Brazil

-Marc Frilet
Frilet et Associes, France

-Arent Van Wassenaer
Allen & Overy LLP, Netherlands

Tópicos a serem discutidos

• Recent experiences with public and private partnerships in Latin America
• Key success factors in using various PPP routes: views from around the world
• How to successfully procure PPP schemes
• What makes a PPP scheme tick?
• Arriving at best practice: the role of the IBA PPP Task Force
• Opening address - wrap up of the first day
• Best practices in international construction contracts
• Mitigating governmental uncertainties for international investors
• The future of infrastructure projects in Brazil

Programme

30/8 - Thursday

Conference Co-Chairs

-Julio Cesar Bueno
Pinheiro Neto Advogados, Brazil

-Marc Frilet
Frilet et Associes, France

-Arent Van Wassenaer
Allen & Overy LLP,Netherlands; Secretary-Treasurer, Section on Energy, Environment, Natural Resources and Infrastructure Law, IBA Legal Practice Division

7h30 - 8h45 - Registration at The Copacabana Palace Hotel

8h45 - 9h - Welcome and opening remarks

-Julio Cesar Bueno

-Marc Frilet

-Arent Van Wassenaer

9h - 10h30 - Recent experiences with public and private partnerships in Latin America

A look at recent experiences with public and private partnerships in Latin America: what went right, what went wrong. What types were used: concession type, availability type, privatisations, "private PPPs", PPPs in the mining sector, greenfield/brownfield, with public and/or private finance, and to what degree of success.

Speakers

-Patricia Nunez
Nunez Munoz & Cia Ltda Abogados, Chile; Chair, Mining Law Committee, IBA Legal Practice Division

-Jaime Herrera
Posse Herrera & Ruiz, Colombia; Vice-Chair, Latin American Regional Forum, IBA Legal Practice Division

-Roberto Hernandez
COMAD, Mexico; Chair, Government Procurement Subcommittee, IBA Legal Practice Division

-Marcelo Viveiros de Moura
Pinheiro Neto Advogados, Brazil

-Cristina de Alba Arias
Fobrega & Fobrega, Panama

10h30 - 10h45 - COFFEE BREAK

10h45 - 12h45 - Key success factors in using various PPP routes: views from around the world

Where there is no substantial government funding, infrastructure projects need to be capable of generating a sufficient level of income to cover project costs and such projects are concessions. Where the public sector is capable of rewarding the project company for making a project available once it has been completed, mechanisms derived from PPP projects around the world make sure outstanding performance is achieved at the lowest cost. Both types of project require substantial project financing to fund the construction. Worldwide, a lot of experience has been developed and it is worthwhile investigating how it can be applied to governments contemplating new projects, especially in Latin America.

This session will include the following topics:

 Key success factors in getting concession-based public and private partnerships on the road within and outside Latin America in various sectors: roads, public transport, water/statutory framework, political support, greenfield versus brownfield, making it work, role of MDBs, tariff policy, flexibility, duration of contract, termination regimes.

 Key success factors in bringing about availability based public and private partnerships within and outside Latin America (understanding availability, achieving quality, greenfield versus brownfield, use of PPP-based structures by concessionaires on mining, ports and airports.

Speakers

-Stephen Hood, Clifford Chance, Brazil

-Andrew Stephenson, Clayton Utz, Australia

-Jose Prado, Machado Meyer Sendacz e Opice Advogados, Brazil

-Patrick Petzall, Hoet Pelaez Castillo & Duque, Venezuela

-Luis Acuña, Uria Menendez, Brazil

-Kees Horchner, Rebel Group Advisory, Netherlands

12h45 - 14h30 - LUNCH

14h30 - 15h30 - How to successfully procure PPP schemes

For PPP projects to be launched, it is essential that the procurement is compliant with elementary principles as transparency, equal treatment and non-discrimination, and national laws.On the contrary, it is of vital importance that procurement procedures result in the award of the best project to the best party at the lowest costs. This session will look at experiences worldwide.It will include such topics as output based tendering, competitive dialogue/competitive negotiation, maintaining integrity, the viability of unsolicited proposals and risk allocation.

Speakers

-Arent Van Wassenaer

-Renato Stetner
Castro, Barros, Sobral, Gomes - Advogados, Brazil

15h30 - 15h45 - COFFEE BREAK

15h45 - 17h45 - What makes a PPP scheme tick?

Once the project is tendered, it must remain healthy when beneficial to all parties involved, most notably the clients, ie the public, over the life of the contract. This session explores various important issues. This session will include the following topics:

 How to guarantee the best value for money for the beneficiaries during the life cycle of the project?

 What defines a bankable investment? The use of capital to fund PPP transactions - financial engineering - public subsidies.

 Balancing the public and private interest.

 A Brazilian experience on dealing with the unknown: (a) how to maintain a successful project in changing circumstances and in a world of new technologies; and (b) dealing with speculative opportunities and unacceptable commercial or sovereign risks.

Speakers

-Santiago Klein
Currie & Brown, United Kingdom

-Antonio Maffei
De Pardieu Brocas Maffei et Associes, France

-Jaya Sharma
4N Consultants, USA; Vice- Chair, International Construction Projects Committee, IBA Legal Practice Division

-Pedro Seraphim
Tozzini Freire Advogados, Brazil

-Fabio Ferreira Kujawski
Barretto Ferreira, Kujawski, Brancher e Gonçalves - Sociedade de Advogados, Brazil

-Jose Prado

17h45 - 18h - Arriving at best practice: the role of the IBA PPP Task Force In 2006 the IBA launched its IBA PPP Task Force. This is a working group of international practitioners. Its remit is to collect successful experiences with PPP projects from all over the world and to develop recommendations and best practices. During this session the IBA PPP Task Force will be presented.

Speakers

-Marc Frilet

-Arent Van Wassenaer

20h - Welcome cocktail and dinner

Sponsored by host committee

31/8 - Friday

9h - 9h10 - Opening address - Wrap up of the first day

-Julio Cesar Bueno

-Marc Frilet

-Arent Van Wassenaer

9h10 - 12h45 - Best practices in international construction contracts

The main part of a project investment is generated by the construction costs.

It is desirable that projects are constructed in time and within budget and according to the quality prescribed. In order to achieve this, effective project preparation, communication procedures and risk management techniques need to be applied. In the end, effective contract documentation is required to allocate tasks and responsibilities. The question is how these basic rules may be threatened or supported by the use of certain standard forms, project delivery structures and dispute management techniques. This session will include the following topics:

 Civil engineering and design and build contracts: pros and cons of current standard forms (FIDIC red and yellow / MDB harmonised form, World Bank civil law form, AIA).

 EPC/Turn-key: working as an EPC contractor in a PPP environment:

• spotting the difference/benefits and pitfalls of the FIDIC silver book: a suitable form?

 Aligning the interests: lessons from Australia. Towards collaborative working styles such as partnering and alliancing and the use of collaborative working styles.

 How to deal with contract drafting and claims related to subsoil conditions in international construction projects.

 Recent trends in alternative dispute resolution (ADR) for preventing and resolving construction disputes.

Speakers

-Edward Corbett
Corbett & Co, United Kingdom; Co-Chair, International Construction Projects Committee, IBA Legal Practice Division

-Christopher Seppalla
White & Case, France

-Robert S Peckar
Peckar & Abramson, USA

-Andrew Stephenson

-Julio Cesar Bueno

10h30 - 10h45 - COFFEE BREAK

12h45 - 14h45- LUNCH

14h45 - 16h30 - Mitigating governmental uncertainties for international investors

When foreign investors and contractors enter into other countries, one of the biggest risks is political: how stable is the host government and how sure can one be that the investments being contemplated will be protected against such hazards as expropriation, changes of laws, and cancelling contracts? Over the last decades numerous mechanisms have been developed to cover such risks, such as export credit insurance, and the use of protection through bilateral investment treaties with protection from the ICSID treaty, providing settlement of investment disputes through arbitration. This session will include the following topics:

 The investment protection laws and treaties.

 Investment insurance coverage: export credit guarantees, MIGA (the Multilateral Investment Guarantee Agency).

 A negotiated investment protection instrument popular in the mining sector in Africa: the "convention d'établissement (framework agreement).

 Settlement of international investment disputes: the benefit of ICSID arbitration (International Centre for the Settlement of Investment Disputes).

Speakers

-Herfried Woess
Woess & Partners, Mexico

-Hector Mairal
Marval O'Farrell & Mairal, Argentina

-Marc Frilet

16h30 - 16h45 - COFFEE BREAK

16h45 - 17h30 - The future of infrastructure projects in Brazil

A round table discussion between senior legal representatives from the Brazilian infrastructure and mining industry.

Session Chair

-Pedro Aguiar Freitas
Companhia Vale do Rio Doce, Brazil; Membership Officer, Mining Law Committee, IBA Legal Practice Division

Speakers

-Adriano Juca
Odebrecht, Brazil

-Bruno Ferla
Camargo Correa, Brazil

-Alexandre Ambrosio
Votorantim, Brazil

-Massami Uyeda
Companhia de Concessões Rodoviarias, Brazil

-Claudia da Costa Vasquez Zacour
Petroleo Brasileiro S.A. - Petrobras, Brazil

17h30 - 18h - General conclusions and concluding remarks

-Julio Cesar Bueno

-Marc Frilet

-Arent Van Wassenaer

Investimento

-IBA Member

US$ 600.00, até 10/8
US$ 750.00, após 10/8

-Non Member

US$ 750.00, até 10/8
US$ 890.00, após 10/8

-Young Lawyers

US$ 450.00, até 10/8
US$ 890.00, após 10/8

-Academic/Judges

US$ 450.00, até 10/8
US$ 890.00, após 10/8

-Senior Lawyers**

US$ 450.00, até 10/8

US$ 890.00, após 10/8

-Corporate Counsel

US$ 540.00, até 10/8
US$ 890.00, após 10/8