Roads are the most basic and one of the most used pieces of infrastructure. Developed countries recognise that road building and maintenance is vital for the continued wellbeing of their economies but also that every year new challenges arrive.
With the year-on-year increases in traffic, the drive for low carbonisation and declining government revenues, many countries are wrestling with the issue of road pricing. Ironically, as increases in traffic have outpaced road construction in the world's developing economies, we expect significant global growth in the road market over the next two decades. Developing economies often have preferences for toll roads for different reasons.
As the ownership of roads has become broader (states, construction companies and infrastructure funds all have significant portfolios), their sales have become more common, whether it is construction companies exiting due to construction having been completed and capital needing to be recycled, or financial constraints making disposals necessary. Whether the roads are toll roads, shadow toll roads or have availability based payment models, the key to efficient legal advice is a deep understanding of the market.
Allen & Overy has considerable experience advising on toll roads, bridges, tunnels and ring roads. We advise sponsors, banks and governments and other parties involved in the sector on project financings (public-private partnerships/private finance initiatives), construction, mergers and acquisitions, funding (equity and debt) and litigation.
We have experience of advising on numerous road projects globally including market-defining transactions in the UK, U.S., Europe and Central and Latin America.
News & insights
Publications: 16 MARCH 2020
Airlines under pressure The market for airlines is under extreme competitive pressure. We have seen some recent examples of European airlines that have gone into insolvency proceedings (Air Berlin, Condor, Germania, Monarch, Small Planet, Flybe). Airlines are struggling with volatile commodity markets and political instabilities (trade wars, protectionism). In addition, the Covid-19-Crisis (‘Coronavirus’) is leading to further distress.Read more
Publications: 25 FEBRUARY 2020
This case highlights the very different, and often very strict, time limits that apply in different private law and public law claims. Rejecting the Secretary of State’s attempt to strike out part of the claims against it, the Court of Appeal confirmed that the six-year time limit for damages claims applies to a procurement conducted outside the Public Contracts (and similar) Regulations. However, the three- month judicial review time limit may apply to other private law claims in this context. The decision highlights the importance of considering time limits when challenging, or defending, public body decision-making. Where the public law act engages private law rights, damages and other remedies may still be available where the time limits for judicial review have passed – provided that judicial review is not being sought by the back door: Secretary of State for Transport v Arriva Rail East Ltd & ors  EWCA Civ 2259.Read more
News: 25 FEBRUARY 2020
Allen & Overy has advised Stadtreinigung Hamburg (SRH) on the takeover of all shares in the Rugenberger Damm waste incineration plant (MVR).Read more
News: 07 JANUARY 2020
A&O has marked the end of Q4 2019 with a stellar performance in the M&A league tables; the result of advising on a number of complex, high-value transactions in a wide range of sectors and markets, around our global network in 2019.Read more