Legal Aspects of Public-Private Partnership (PPP) Projects

Course Introduction

Public-Private Partnerships (PPPs) have become essential mechanisms for infrastructure and public service development around the world. This course explores the legal, regulatory, and contractual frameworks that govern PPP projects, equipping participants with critical skills to structure, negotiate, and manage PPP agreements effectively.

Course Objectives

By the end of this course, participants will be able to:

• Understand the legal foundations of PPP projects.
• Analyze the roles and responsibilities of public and private stakeholders.
• Draft and review PPP contracts with legal precision.
• Navigate regulatory frameworks and risk allocation mechanisms.
• Manage disputes and ensure compliance in PPP operations.

Target Audience

• Legal advisors and lawyers working in infrastructure and public projects
• Government officials responsible for PPP oversight
• Contract managers and procurement officers
• Investment consultants and project finance professionals
• Risk and compliance officers

Course Content (5 Days)

Day 1: PPP Legal Frameworks and Institutional Roles

1. Introduction to PPP models and legal definitions
2. Key principles of PPP governance and policy
3. Institutional stakeholders and their roles
4. Regulatory environments across jurisdictions
5. International best practices in PPP law

Day 2: Structuring and Drafting PPP Contracts

1. Legal elements of PPP contracts
2. Concession agreements and risk-sharing mechanisms
3. Financial clauses and performance obligations
4. Dispute resolution clauses in PPP agreements
5. Practical drafting workshop

Day 3: Risk Management and Compliance

1. Identifying legal and financial risks in PPPs
2. Allocating and mitigating risk in contracts
3. Legal compliance monitoring tools
4. Case studies: Successful and failed PPP projects
5. Group exercise: Risk allocation simulation

Day 4: PPP Procurement and Negotiation

1. Legal process of PPP project procurement
2. Public tendering and private sector engagement
3. Negotiation strategies for public-private agreements
4. Managing contract amendments and lifecycle
5. Role-play: Negotiating a PPP deal

Day 5: Dispute Management and Future Trends

1. Managing disputes in long-term contracts
2. Arbitration and alternative dispute resolution (ADR)
3. Contract enforcement in cross-border PPPs
4. Emerging trends in PPP legislation
5. Final case study and legal assessment