公私协作业务法律风险分析.ppt

Introduction to Public Private Partnerships; Where and How to Select InvestmentsCHINCA – 22 June 2011 Ian Laing, Partner, Pinsent Masons About me Advised exclusively on PPP projects for over 12 years. Advised on over 50 PPP projects with a total value of over US$ 15 billion Diverse range of sectors from roads and rail to renewables and waste water treatment facilities Specialist in advising equity investors and those involved in infrastructure related joint ventures Have advised parties at all levels within the “traditional” PPP structure Part of a United Nations team (through UNECE) developing a “PPP Toolkit” for emerging markets. Currently advising Chinese investors on US$ 7 billion of international PPP investments What is PPP? Public Private Partnership Many forms of a partnership between public and private sectors depending on the political environment, the nature of the assets and the level of private sector participation. Adopted internationally across Europe and worldwide What is a PPP? There is no one model for PPP. There are many possibilities. PPP is not a defined procurement model with a common understanding across the world. When a project is described as a PPP, do not make assumptions as to what that means! PPP is not simply a means of accessing private. Many forms of PPP involve no capital investment by the private sector. Different models of PPP have gained popularity in different jurisdictions. When reference is made to PPP, people are generally referring to private finance models so that is what we will focus on today. PPP is not….. PPP is not the same as EPC Contracting (it requires a fundamentally different approach). PPP is not EPC Contracting with some additional tasks (it requires a fundamentally different approach). If approached in a compartmentalised way, you will be at a disadvantage. Sectors where PPP has been successful PPPs have been successful in many sectors where service outputs can be described objectively and are capable of