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Infrastructure & Projects

United Arab Emirates

As a sponsor, lender or public sector organisation, you require legal advisors who can help you succeed in complex infrastructure and project financing transactions. Whether you are involved in public works programmes or private sector financing in the areas of transport, health, education, waste, energy, defence, IT/telecoms, leisure, custodial & justice, ports, rail, roads or water, you can depend on the leading lawyers in major infrastructure projects and related project financing throughout the world.  CMS has valuable experience across the Middle East region of the successful procurement and implementation of infrastructure projects, including providing key advice on procurement, project documents and financing strategy.  

We have delivered deals in a range of sectors with a combined value of many billions of dollars, advising on public private partnerships, energy and renewables projects, including large offshore wind farms, infrastructure and utilities investments and a range of other development and corporate finance transactions. If you are an investor selling or buying an interest in a concession, a utility business or a PPP deal, you need expert guidance through the complex bidding process. Our lawyers have helped shape transactions across these sectors, ensuring quick deal completions on terms that optimise your returns. And if you are facing a potential dispute, we have the experts to support you through dispute resolution procedures or litigation action. Whatever your situation, we have the track record and the people to help. With over 200 lawyers working in this sector, we can support your transaction in virtually any part of the world including the UK, Central and Eastern Europe, Western Europe, the Middle East, Turkey, India, Africa, Asia and the Americas.

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High­lights of our ex­per­i­ence in In­fra­struc­ture & Pro­jects in UAE
Abu Dh­abi Wa­ter & Elec­tri­city Au­thor­ity in re­la­tion to a pro­ject with So­ci­ete In­ter­na­tionale De Des­sale­ment, SAß, for the in­stall­a­tion, de­vel­op­ment, op­er­a­tion and man­age­ment of a pro­to­type for the con­ver­sion of sol­ar en­ergy to thermal en­ergy in or­der

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26 November 2019
Bridging Con­tin­ents - In­fra­struc­ture In­dex 2019
The CMS In­fra­struc­ture In­dex ana­lyses data across 50 jur­is­dic­tions against six cri­ter­ia to cre­ate a guide to the most at­tract­ive des­tin­a­tions for in­fra­struc­ture in­vest­ment.In Bridging Con­tin­ents, the 2019 CMS In­fra­struc­ture In­dex, we see that in­fra­struc­ture is con­nect­ing people world­wide at an un­pre­ced­en­ted pace. De­vel­op­ing eco­nom­ies are in­vest­ing heav­ily in roads, rail and air­ports to drive eco­nom­ic growth and bring them closer to in­ter­na­tion­al trad­ing part­ners and the rol­lout of 5G and build­ing of smart cit­ies are cre­at­ing new di­git­al high­ways. Ger­many has taken top spot.  Ger­many’s fo­cus on sus­tain­ab­il­ity and in­nov­a­tion is the driv­ing force be­hind its po­s­i­tion. The coun­try is aim­ing to make cli­mate ac­tion part of the Ger­man na­tion­al iden­tity and sup­port­ing this through a num­ber of off­shore wind pro­jects, con­struc­tion of a fourth elec­tri­city high­way and an ex­tens­ive EV char­ging pro­gramme. The UK’s story is not so pos­it­ive.  We see the UK fall from fourth in 2017 to ninth in 2019.  The Brexit-ef­fect.  There is a steady pipeline in some in­fra­struc­ture sec­tors, for ex­ample rolling stock re­new­als in Eng­land and trans­port in Scot­land.  There is also a shift from primary to sec­ond­ary in­vest­ments. However, un­sur­pris­ingly the polit­ic­al un­cer­tainty has led to delays on flag­ship pro­jects (e.g. HS2 and Heath­row air­port) and a de­crease in lend­ing to UK pro­jects. An­oth­er coun­try to note is China, which has ris­en by 10 points since the 2017 in­dex and is now in 18th po­s­i­tion.  5G is in­stru­ment­al in China’s in­creased rank­ing, due in part to ma­jor cor­por­a­tions such as Hua­wei and ZTE ; over 10 mil­lion ad­vance or­ders for 5G data plans were sub­mit­ted to China’s three mo­bile op­er­at­ors, and they will de­ploy a total of 130,000 stan­dalone 5G base sta­tions across the coun­try by the end of 2019. As the world fo­cuses on cli­mate change and sus­tain­ab­il­ity, we see this trans­fer­ring to the in­fra­struc­ture sec­tor too.  In­fra­struc­ture as­sets have a vi­tal role in cli­mate change mit­ig­a­tion and eco­nom­ic, so­cial and gov­ernance (ESG) cri­ter­ia are an in­creas­ingly pop­u­lar way for in­vestors to eval­u­ate com­pan­ies in which they might want to in­vest.  However, the sec­tor is fa­cing a num­ber of chal­lenges, in­clud­ing lack of gov­ernance, an ab­sence of ob­ject­ive stand­ards and as a res­ult, no reg­u­la­tions on how to re­port and meas­ure per­form­ance.  Reg­u­lat­ors glob­ally are work­ing to cre­ate their own reg­u­la­tions in this area but with each coun­try cre­at­ing its own stand­ards, in­ter­na­tion­al op­er­at­ors will face a com­plex mat­rix of re­quire­ments for dif­fer­ent pro­jects around the world. In this year’s re­port, we see some very strong rep­res­ent­a­tion from the Amer­icas. Lat­in Amer­ica has some mega in­ter­con­nectiv­ity pro­jects, present­ing some ex­cit­ing de­vel­op­ments.  Ex­amples in­clude a 3,500km-long sub­mar­ine fibre op­tic net­work from the north to the south of Chile and the re­cently com­pleted 10,000km sub­sea cable con­nect­ing Cali­for­nia to Chile.  On the oth­er side of the con­tin­ent, Brazil is work­ing on the in­nov­at­ive 9,300km El­laLink sub­sea cable sys­tem bridging between the Amer­ic­an (Brazil) and European con­tin­ents (Por­tugal and Spain).Over­all, the in­fra­struc­ture sec­tor presents a pos­it­ive pic­ture in an un­cer­tain world.  Gov­ern­ments glob­ally are in­vest­ing heav­ily in in­fra­struc­ture as­sets to stim­u­late their eco­nom­ies.  On the flip side, there is sup­ply of cap­it­al as in­vestors look for long-term in­vest­ments.  
27 August 2020
Tail­ings Man­age­ment and New Stand­ards of Reg­u­la­tion
Tail­ings dam fail­ures have put the min­ing in­dustry in the head­lines for the wrong reas­ons in re­cent years. Dam fail­ures can have dis­astrous con­sequences in terms of loss of life and en­vir­on­ment­al dam­age...
5 September 2019
CMS ap­points con­struc­tion dis­putes ex­pert in Dubai
In­ter­na­tion­al law firm CMS is pleased to an­nounce the ap­point­ment of Court­ney Roth­ery who joins the firm as a Leg­al Dir­ect­or in the In­fra­struc­ture, Con­struc­tion and En­ergy (ICE) Dis­putes team in Dubai. Court­ney joins from Gowl­ing WLG in Dubai, where she w
07 August 2020
Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous a...
6 September 2018
Middle East Pro­jects Up­date: Sum­mer 2018
In this up­date, we high­light some of the not­able de­vel­op­ments in Bahrain, Ir­aq, Le­ban­on, Oman, Saudi Ar­a­bia, Tur­key and the United Ar­ab Emir­ates in­clud­ing. Down­load our bro­chure to read in full
05 June 2020
Ad­vance pay­ment bonds: “step­ping down” pro­vi­sions and more guid­ance on...
Last month we re­por­ted on a TCC de­cision which con­sidered the re­quire­ments for mak­ing and re­ject­ing a de­mand un­der an ad­vance pay­ment bond sub­ject to the URDG. Very sim­il­ar is­sues have now been con­sidered...
1 May 2017
CMS, Nabarro and Olswang com­plete ground­break­ing mer­ger
CMS UK, Nabarro and Olswang today an­nounce the com­ple­tion of their trans­form­a­tion­al mer­ger, cre­at­ing the 6th largest law firm glob­ally by head­count. Trad­ing as CMS, and with 70 of­fices across 39 coun­tries, the new firm blends scale with an ex­cep­tion­al dep
07 May 2020
The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
07/03/2016
CMS builds Is­lam­ic Fin­ance Prac­tice with new part­ner ap­point­ment
07 May 2020
GRESB 2020 – It’s Ques­tion Time!
GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...
28 April 2020
In­dir­ect and con­sequen­tial loss ex­clu­sions: Eng­lish law holds the line...
A Tech­no­logy and Con­struc­tion Court de­cision last week has con­sidered a dir­ect at­tack on the tra­di­tion­ally nar­row in­ter­pret­a­tion giv­en by the Eng­lish courts to in­dir­ect and con­sequen­tial loss ex­clu­sion...
09 April 2020
Cov­id-19 Pan­dem­ic – Can the re­new­able en­ergy sec­tor pass the test?
Cor­rect as of 9am, 7th April. This art­icle is not be­ing main­tained. As of the date of this art­icle, re­new­able en­ergy (“RE”) pro­jects around the world in­clud­ing in the Middle East and North Africa (“M...