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Events
Should Standardized Agreements be Used for PPP Transactions in Developing Countries: A Debate
October 23, 2014Online

Given the significant time and expense involved in preparing custom-made project agreements for each individual PPP transaction (a particularly acute challenge in developing countries), a number of countries have experimented, successfully and unsuccessfully, with the use of standardized documents, in an attempt to expedite the process and reduce transaction costs. This session will explore the advantages and challenges of these efforts, using a debate format with two speakers in favor of standardization and two opposed.

Public-private partnerships (PPPs) are complex, long-term, projects between public and private sector entities. One of the challenges that countries face in implementing a PPP program is the significant time and expense involved in preparing custom-made project agreements for each individual PPP transaction. This problem is particularly acute for developing countries. In response, a number of countries have experimented, successfully and unsuccessfully, with the use of standardized documents, in an attempt to expedite the process and reduce transaction costs.

This session will explore the advantages and challenges of these efforts at standardization, using a debate format similar to that employed by the BBC in its Intelligence Squared programs, with two speakers in favor of standardization and two opposed. With questions from the moderators and audience (both in person and online), plus votes taken at the beginning and end of the debate, this promises to be a very lively and interesting session.

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Speakers in Favor of the Use of Standardized PPP Agreements

  • Metja Ledwaba, Founding Partner, Ledwaba Mazwai Law Firm, Pretoria, South Africa
  • Jamie Fergusson, Principal Investment Officer and Global Sector Lead for Renewable Energy, International Finance Corporation

Speakers Against the Use of Standardized PPP Agreements

  • John Pickett, Partner and Co-leader, Global Energy Sector, Linklaters, London
  • Jeff Delmon, Senior PPP Specialist, World Bank PPP Group

Chair/ Moderators

  • Mark Moseley, Lead Lawyer, PPP Group, Singapore, World Bank
  • Patricia Sulser, Chief Counsel, Legal – Global Infrastructure, International Finance Corporation

Coordinator: Christina Paul, Lawyer, PPP Group, World Bank

Rapporteur: Susanne Foerster, Legal Program Coordinator for the PPP Infrastructure Resource Center (PPPIRC) website, PPP Group, World Bank