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Public Private Partnership

Public Private Partnership

The Firm has experience in the PPP arena in Pakistan, particularly concerning the development phases of the PPP framework. Some of the highlights are as follows:

  • The Firm’s lawyers authored a widely acclaimed and officially published report on the enabling framework for public private partnerships and the legal and regulatory constraints in Pakistan’s power, transport and water sectors. The Asian Development Bank commissioned the report for the Planning Commission of Pakistan. It was a significant initiative towards the identification and redress of constraints to public-private partnership projects in these sectors in Pakistan.
  • The Firm has acted as external counsel for the Infrastructure Project Development Facility (IPDF), a company set up under the aegis of the Government of Pakistan with multilateral donor agency assistance for drafting the framework and enabling documentation for public-private partnerships towards infrastructure development in Pakistan.
  • Worked with the in-house legal team of IPDF in drafting the PPP Law and the PPP Policy and also assisted the IPDF teams in the presentation of these instruments to the relevant approving Government bodies. In drafting the PPP Law, the legal team reviewed PPP legislation in several jurisdictions, studied best practices, and developed the draft law consistent with the legal environment in Pakistan.
  • Worked on developing the Standardised Contractual Framework and associated Guidelines based on international best practices for limited-recourse project financing for public-private partnership projects – this document now stands approved by the Ministry of Finance for implementation by the public sector agencies.
  • The Firm drafted the Concession Agreement for the Pakistan Automated Commercial Community System Project (PACCS), a project sponsored by the Federal Board of Revenue. The UK’s IT Standardisation for PPP projects formed the baseline for structuring and drafting this agreement.
  • The Firm acted under the aegis of IPDF to draft a Passenger Insurance Agreement between Pakistan Railways and an Insurer under the PPP mode designed to offer voluntary passenger coverage to Railways passengers in Pakistan.
  • The Firm acted for IPDF in assisting the Ministry of Railways to set up a separate corporate entity to manage the Real Estate owned by Railways throughout Pakistan.
  • The Firm has developed the Standardised Contractual Framework with guidelines for the Infrastructure Project Development Facility (IPDF) for public-private partnerships on limited or non-recourse project financing basis.
  • Worked on Lahore – Islamabad Motorway Project
  • Worked on Islamabad – Peshawar Motorway Project
  • Worked on Jordan’s Amman – Zarqa Light Rail System
  • Worked on Karachi Hyderabad Motorway Project
  • Worked on PSDP tourist village Project
  • Worked on PTDC Corporate Complex Project
  • Worked on M-3 Motorway Project
  • Worked on Satra Mile Ghika Gali Dual Carriageway
  • The Firm has acted as counsel for an Italian Construction Company executing a significant road project in Pakistan and has represented the client before the Dispute Adjudication Board.
  • The Firm has acted as counsel in connection with a major motorway project valuing USD 650 million approximately. The disputes arising out of this Project were agitated before the courts of Pakistan, Turkey, the International Chamber of Commerce, and the International Center for Settlement of Investment Disputes, Washington. The Firm has remained involved with this Project throughout its chequered history since 2001.
  • Drafted Build Operate and Transfer Agreement and financing documents for the M-3 Project, which did not reach financial close.
  • Drafted and negotiated the Aman Zarka Light Rail Project. The Firm drafted the Implementation Agreement and financing documents and participated in negotiations with banks and other governmental agencies.
  • Provided general advice on contract administration, Employer and contractor/sub-contractor disputes, and on financial claims in Neelum Jhelum hydro power project.
  • Provided contract administration services, advice on disputes relating to the extension of time, and financial claims relating to the Tarbella Forth Extension Project.
  • Participated in preparation of feasibility, engaging in bidding and negotiations, drafting the PPP agreement in PSDP, PTDC Corporate Complex Project tourist village Project, CNG environmental friendly buses, and IT Park Project.
  • The Firm was engaged in rendering legal advice and assistance on a power generation project executed by a consortium of international and local contractors. The issues involved required interpretation of the FIDIC form of Contract and its impact on the financial claims agitated by the Contractor. The dispute was eventually brought before the International Centre for Settlement of Investment Disputes, which assumed jurisdiction, and the dispute was resolved amicably.
  • The Firm also represented an international consortium of investors who had been awarded a contract to undertake the construction and operation of a Mass Transit System in Jordan on a BOT basis. The dispute arising out of this Project was initially raised before the Dispute Adjudication Board appointed by the ICC, then in arbitration before ICSID and ICC.