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Infrastructure & Projects

Brazil

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.

In Latin America, CMS has valuable experience 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, 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 Brazil
A Brazili­an oil com­pany on the struc­tur­ing of own­er­ship in­terests and ca­pa­city rights in a ma­jor off­shore gas pipeline sys­tem, as well as in re­la­tion to claims for vari­ation or­ders un­der the pipeline...

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21 April 2021
BRI - View from LatAm
China’s Belt and Road Ini­ti­at­ive (BRI) is where some of the key is­sues of our time in­ter­sect, in­clud­ing glob­al­isa­tion, sus­tain­ab­il­ity, the mod­ern­isa­tion of in­fra­struc­ture, new tech­no­logy and health­care. But it also marks the con­ver­gence of some ser­i­ous con­cerns, such as en­vir­on­ment­al pro­tec­tion, in­ter­na­tion­al debt, the Cov­id-19 pan­dem­ic and, in­creas­ingly, geo­pol­it­ic­al ten­sions between the US and China.Our new re­port shows that sen­ti­ment to­wards BRI in Lat­in Amer­ica re­mains re­l­at­ively pos­it­ive, des­pite such head­winds. From the in­volve­ment of Chinese busi­nesses in Panama Canal ports to Chinese in­vest­ments in lith­i­um min­ing and re­new­able en­ergy, trans-Pa­cific con­nec­tions between Lat­in Amer­ic­an eco­nom­ies and China’s Asi­an power­house con­tin­ue to grow.China’s am­bi­tions to ad­vance Belt and Road co­oper­a­tion high­light the po­ten­tial for BRI to help na­tions in Lat­in Amer­ica bridge the re­gion’s massive in­fra­struc­ture gap and re­cov­er from the ter­rible dam­age of the pan­dem­ic, as well as of­fer­ing many new op­por­tun­it­ies for re­gion­al busi­nesses and in­vestors. 
22 April 2021
What does Chin­a's Belt and Road Ini­ti­at­ive mean for Lat­in Amer­ica?
The Belt and Road Ini­ti­at­ive (BRI) is China’s in­fra­struc­ture and fin­an­cing ini­ti­at­ive, de­vel­op­ing glob­al land and sea trade routes around the world. Many Lat­in Amer­ic­an na­tions have signed agree­ments...
14 January 2021
The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...
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...
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...
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...
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...
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...
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...
27 November 2019
In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over an­cil­lary...
A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que...
04 November 2019
In­tro­du­cing the FID­IC Em­er­ald Book
Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...
17 October 2019
Delay ana­lys­is un­der the mi­cro­scope: com­mon sense wins out over meth­od­o­logy
A de­cision of an Aus­trali­an court last month has con­sidered the evid­en­tial re­quire­ments for prov­ing delay claims in con­struc­tion dis­putes. The de­cision com­ments on the rel­ev­ance of the 2nd Edi­tion of...