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ODEC 5070 - Law & Practice of Global Infrastructure Projects

Type d'enseignement : Seminar

Semester : Autumn 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

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Course Description

The course aims at familiarizing students with the legal, regulatory and contractual aspects surrounding major global infrastructure projects with a focus on the industry sector, in particular energy and transport infrastructures such as power plants, wind parks, waste treatment facilities, chemical plants, city tramways or metro projects, railways signaling systems, or any other similar complex projects. The course will review, among others: - The notion of infrastructure projects (civil works versus engineering construction; newly-built versus renovation projects); - The political, economic, financial and strategic relevance of infrastructure projects in a globalized economy; - The main players and contractual parties to infrastructure projects (investors; developers, general contractors; subcontractors; banks; insurance companies; government bodies; certification agencies, etc.); - The particularities emerging from the cross-border dimension of the projects (export control; customs clearance; currency fluctuations; international political instability; local project site environment; transport risks; localization rules; technology transfer requirements, etc.); - International private and public law considerations when handling global infrastructure projects (conflict of laws; public order; mandatory rules; treaties impact; lex mercatoria); - The tendering/bidding process for global infrastructure projects and the impact of public procurement rules; - The different types of contract forms governing infrastructure projects (turnkey or equipment supply contract; lump-sum or costs + fee; contracts for works or sales contract; sui generis contracts); - The specific projects characteristics impacting contract drafting : project duration, project frame, project cooperation, project conflict risks; - Key contract clauses and negotiation techniques: general clauses, commercial clauses, financial clauses, liability clauses, governing law & settlement of disputes clauses, boiler plate provisions, negotiation strategy; - The recourse to international contract forms and standards as benchmark or reference for global infrastructure projects (e.g. FIDIC contract conditions; MF1; NEC; Orgalime, etc.); - The impact of project financing (including bonds & guarantees) and the consequences on the balance of legal and contractual risks between the parties; - The organization of the nexus of contracts and interface/interaction between the various projects agreements: 'back-to-back' issues with subcontracts and flow-downs of main contract risks between projects agreements (e.g. cross-default and cross termination risks); - The management and resolution of disputes: contract & claims management activities during projects execution, dispute review boards and other alternative dispute resolution mechanisms, court litigation & arbitration.

Teachers

LE GOFF, Pierrick (Alstom, General Counsel)

Pedagogical format

Interactive seminar.

Course validation

30% participation in class (15% spontaneous participation & 15% one short test) and 70% final exam (case study requiring legal-opinion-type answers. Documents authorized).

Workload

Regular reading assignments.

Required reading

A bibliography will be circulated before the start of the course.