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Global and APAC Guides to Public-Private Partnerships (PPP)

 

09 May 2012

Allen & Overy has launched its Asia Pacific Guide to Public-Private Partnerships (PPP), following on from the popular Global Guide to PPP published in March 2010.  

Global PPP Guide

Believed to be the most comprehensive guide of its kind to be produced by a law firm, the Global Guide to PPP draws on the expertise of Allen & Overy lawyers across the world to show the extent that PPP is used and its effectiveness in 20 jurisdictions.

The Global Guide to PPP also highlights that:

  • PPP is one of the only established tools for using the private sector to deliver 'greenfield' infrastructure

  • One of the biggest yet most under-developed markets is the US but that momentum at the state and city level continues to build

  • Export Credit Agencies (ECA) and Multilateral Agencies (MLA) have begun to take on an increasing role, offering cheaper and more readily available financing.

Asia Pacific PPP

With USD billions of infrastructure required in the Asia Pacific region, the Guide highlights how governments are turning to PPP as a means of utilising private sector investment to deliver both much-needed infrastructure and vital economic stimulus.

There is great variation in the extent of development and use of PPP in this region - some countries are taking the first steps to implement PPP policies and legislation to create an environment conducive to procuring projects via PPP models, while others are looking to shore up and promote their existing PPP markets.

Australia, Japan, Singapore, Korea and, to a certain extent, India have been quicker off the mark in terms of developing genuine frameworks, but recently there has been significant interest and development in PPP regimes from ASEAN countries including Vietnam, Indonesia and the Philippines.

This is driven by the urgency to build clean transportation infrastructure, often with support from multilateral agencies such as the Asian Development Bank (whose Chair of the Public Private Partnership Group has contributed the Foreword to the Guide), IFC, as well as the domestic banking sector in the relevant jurisdiction. Domestic and international developers, equity investors, contractors and operators will all have roles to play. 

The Guide draws on the expertise of Allen & Overy's projects, energy and infrastructure lawyers across the region, as well as selected local counsel, to demonstrate both the similarities and the differences in the approaches adopted and the challenges facing the 14 jurisdictions covered. It also highlights the role export credit and multilateral agencies have played in PPP projects to date and how this may change in the future. 

Roger Lui, Allen & Overy Projects, Energy and Infrastructure partner (who led the team putting together the Guide), said: "Having sustainable and workable PPP programmes in Asia is long overdue and the growing importance of the region underlines this. The shift in the economic balance of power from the West to the East over recent decades is a clear trend that is focusing the minds of investors, business people and politicians across the globe. We hope this Guide is a valuable tool for those who are considering entering or are already involved in the PPP process in the Asia Pacific region and we look forward to advising existing and new clients in these exciting and challenging markets."

To request a hard copy of either of the Guides, please contact either Carolyn or Auspen.

Global Guide to PPP - Carolyn Andrews 

Asia Pacific Guide to PPP - Auspen Chia

 

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