The Public-Private Partnership Law Review - Edition 2

Bruno Werneck
Mário Saadi
  • Editors:
  • Bruno Werneck and Mário Saadi
  • Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados

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We are very pleased to present the second edition of The Public-Private Partnership Law Review. Notwithstanding the existence of articles in various law reviews on topics involving public-private partnerships (PPPs) and private finance initiatives (in areas such as projects and construction, real estate, mergers, transfers of concessionaires’ corporate control, special purpose vehicles and government procurement, to name a few), we identified the need for a deeper understanding of the specifics of this topic in different countries. The first edition of the book was an initial effort to fulfil this need.

We hope a comparative study covering practical aspects and different perspectives on public-private partnership issues will become an important tool for the strengthening of this model worldwide. We are certain this study will bring about a better dissemination of best practices implemented by private professionals and government authorities working on PPP projects around the globe.

We strongly believe that PPPs are an important tool for generating investments (and development) in infrastructure projects and creating efficiency not only in infrastructure, but also in the provision of public services, such as education and health, as well as public lighting services and prisons. PPPs are also an important means of combating corruption, which is common in the old and inefficient model of direct state procurement of projects.

We hope you enjoy this second edition of The Public-Private Partnership Law Review and we sincerely hope that this book will consolidate a comprehensive international guide to the anatomy of PPPs

About the Editors

Bruno Werneck

Bruno Werneck received a bachelor’s degree in law from the Universidade de São Paulo and an LLM degree from Columbia University, where he was a Fulbright scholar.

He previously served an assistant to the President of the Brazilian antitrust agency, CADE; a consultant for OECD, an international associate at Cleary Gottlieb Steen & Hamilton in New York, and a partner at Mayer & Brown in São Paulo. He has taught public law and corporate law at Universidade Federal do Rio de Janeiro, Instituto Brasileiro de Mercado de Capitais and Fundação Getulio Vargas em São Paulo. He is a member of the São Paulo Bar Commission on Corporate Governance and Infrastructure and the author of many articles on regulatory issues and government procurement.

Mr Werneck focuses his practice on the infrastructure, mining and energy sectors. He advises domestic and foreign clients on project development, concessions, publicprivate partnerships, joint ventures and mergers and acquisitions in the infrastructure, mining and energy sectors. He has in-depth knowledge and experience representing clients in their negotiation of construction, supply, take or pay and other complex agreements. His practice includes negotiating with regulatory agencies and government authorities to obtain permits and approvals and tax benefits, and with Brazil’s Development Bank (BNDES), multilateral development banks and commercial banks to obtain financing. He has been involved in leading privatisations, concessions and PPP structures in Brazil.

Mário Saadi

Mário Saadi received a law degree from Fundação Getulio Vargas and a master’s in administrative law from Pontificia Universidade Católica de São Paulo. Mr Saadi is currently working towards his doctorate degree in administrative law at Universidade de São Paulo.

Mr. Saadi has broad experience with concessions, PPPs. and other infrastructure projects, and financing, focusing his practice on the logistics sector, including ports, airports, roads, railways, and undergrounds transportation.

He is also a member of the Federal Council for Infrastructure of the Brazilian Bar Association, an arbitrator in the Chamber of Arbitration and Mediation for the Paraná Industries Federation and author of the book Private initiative procedures in the Brazilian legal system.

Acknowledgements

The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:

Editor's Preface

  • Bruno Werneck and Mário Saadi
  • Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados

Argentina

  • María Inés Corrá and Leopoldo Silva Rossi
  • M & M Bomchil

Australia

  • David Donnelly, Nicholas Ng and Timothy Leschke
  • Allens

Belgium

  • Christel Van den Eynden, Frank Judo, Aurélien Vandeburie and Marjolein Beynsberger
  • Liedekerke Wolters Waelbroeck Kirkpatrick

Brazil

  • Bruno Werneck and Mário Saadi
  • Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados

Canada

  • Douglas J S Younger, Heidi Visser, Patrick Oufi
  • Aird & Berlis LLP

China

  • Hui Sun
  • Zhong Lun Law Firm

Denmark

  • Henrik Puggaard and Lene Lange
  • LETT Law Firm P/S

France

  • François-Guilhem Vaissier, Hugues Martin-Sisteron and Anna Seniuta
  • White & Case

India

  • Sunil Seth and Vasanth Rajasekaran
  • Seth Dua & Associates

Ireland

  • Mary Dunne and Fergal Ruane
  • Maples and Calder

Japan

  • Masanori Sato, Shigeki Okatani and Yusuke Suehiro
  • Mori Hamada & Matsumoto

Kazakhstan

  • Shaimerden Chikanayev
  • GRATA Law Firm

Mozambique

  • Taciana Peão Lopes
  • Taciana Peão Lopes e Advogado Associados

Nigeria

  • Fred Onuobia, Okechukwu J Okoro and Bibitayo Mimiko
  • G Elias & Co

Paraguay

  • Javier Maria Parquet Villagra and Karin Basiliki Ioannidis Eder
  • Parquet & Asociados

Peru

  • Miguel Sánchez-Moreno Cisneros and Pierre Nalvarte Salvatierra
  • Rosselló Abogados

Philippines

  • Marievic G Ramos-Añonuevo and Arlene M Maneja
  • SyCip Salazar Hernandez & Gatmaitan

Portugal

  • Manuel Protásio and Frederico Quintela
  • Vieira de Almeida & Associados, Sociedade de Advogados, RL

Tanzania

  • Nicholas Zervos
  • VELMA Law

United Kingdom

  • Adrian Clough, David Wyles and Paul Butcher
  • Herbert Smith Freehills LLP

USA

  • Robert H Edwards Jr, Randall F Hafer, Mark J Riedy, Benjamin P Deninger and Ariel I Oseasohn
  • Kilpatrick Townsend & Stockton LLP

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