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Infrastructure & Projects

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As a sponsor, lender or public sector organisation, you require legal advisors who can help you successfully handle 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 will get the legal advice you need from us. 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.

We have delivered deals in the social, economic and energy sectors with a combined value of many billions of euros, advising on public private partnerships, energy and renewables projects, including the largest offshore wind farms in Europe, 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.

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June 2019
CMS In­fra­struc­ture & Pro­jects Glob­al Bro­chure
To meet do­mest­ic and glob­al growth ex­pect­a­tions a huge amount of in­fra­struc­ture will need to be built, re­built, re­fur­bished or ret­ro­fit­ted. The scale and in­vest­ment re­quired to plug this in­fra­struc­ture gap presents a for­mid­able chal­lenge and one in w
Glob­al In­fra­struc­ture In­vest­ments Op­por­tun­it­ies - CMS In­fra­struc­ture In­dex
The 2019 In­fra­struc­ture In­dex is now avail­able.  Click here to view Bridging Con­tin­ents, the 2019 In­fra­struc­ture In­dex.Cre­at­ing an at­tract­ive en­vir­on­ment for in­vestors in in­fra­struc­ture is no easy task. Polit­ics and policy can make or break private p
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28 September 2020
GDPR En­force­ment Track­er Re­port
1st edi­tion 2020All EU Mem­ber States have been re­quired to ap­ply the Gen­er­al Data Pro­tec­tion Reg­u­la­tion ("GDPR", Reg­u­la­tion (EU) 2016/679) since 25 May 2018. After a cau­tious ini­tial peri­od, the EU data pro­tec­tion au­thor­it­ies ("DPA") have in­creased their fin­ing activ­ity sig­ni­fic­antly. This GDPR En­force­ment Track­er Re­port aims to provide you with valu­able in­sights in­to the fin­ing activ­it­ies of all EU DPAs un­der the GDPR, as well as the ICO's prac­tice in the United King­dom. Our ana­lys­is is based on the pub­licly avail­able data on fines that we col­lect and com­pile at www.en­force­ment­track­er.com. We in­tend to pub­lish an­nu­al edi­tions of this re­port, and we ex­pect that the rel­ev­ance of in­sights will stead­ily in­crease as more data on fines be­comes avail­able.Over­view, coun­try and sec­tor ap­proachIn search of guid­ance on how to op­tim­ise its own data pro­tec­tion strategy and pri­or­it­ise data pro­tec­tion meas­ures, a com­pany will nat­ur­ally want to look at its peers and the com­pet­ent au­thor­it­ies' prac­tice. This holds true both in terms of busi­ness sec­tors and jur­is­dic­tion. Kick­ing off with an over­all sum­mary on the ex­ist­ing fines ("Num­bers and Fig­ures"), we have cor­res­pond­ingly di­vided the fines in­to the fol­low­ing busi­ness sec­tors and con­sidered the re­spect­ive fines' ori­gins:Fin­ance, in­sur­ance and con­sultingAc­com­mod­a­tion and hos­pit­al­ity­Health careIn­dustry, com­merce and real es­tate­Media, tele­coms and broad­cast­ing­Pub­lic sec­tor­Trans­port­a­tion and en­ergy­In­di­vidu­als and private as­so­ci­ation­sEm­ploy­er­sY­our takeawaysThe in-depth ana­lys­is per­mits first con­clu­sions to be drawn as to which busi­ness sec­tors at­trac­ted par­tic­u­larly hefty fines. We have also ana­lysed the DPAs' reas­on­ings for the fines. These as­pects to­geth­er al­low us to provide you with key takeaways for each busi­ness sec­tor. Apart from the law­ful­ness of each data pro­cessing op­er­a­tion, bol­ster­ing data se­cur­ity should re­main in the spot­light for every or­gan­isa­tion. Lit­ig­a­tion in data pro­tec­tion is set to in­crease in the near fu­ture. Or­gan­isa­tions that main­tain up-to-date se­cur­ity meas­ures will be best pre­pared for the fu­ture and for po­ten­tial lit­ig­a­tion.
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...
28 September 2020
Belt and Road Ini­ti­at­ive
China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve, of­fer­ing new op­por­tun­it­ies for na­tions, com­munit­ies and busi­nessesIt is now ex­pli­citly aligned with many areas that are in­creas­ing pri­or­it­ies for in­ter­na­tion­al busi­nesses, such as ESG prin­ciples and sus­tain­ab­il­ity. But in 2020 it faces un­pre­ced­en­ted head­winds, in­clud­ing the glob­al pan­dem­ic and trade dis­putes.As a lead­er in many Belt and Road sec­tors, CMS has polled and in­ter­viewed over 500 BRI par­ti­cipants around the world, about their cur­rent think­ing on BRI and the pro­spects they see for it.This ma­ter­i­al is the found­a­tion of our new re­ports on BRI, cov­er­ing top­ics such as:The im­pact of Cov­id-19 on BRID­if­fer­ent views of BRI among Chinese and in­ter­na­tion­al par­ti­cipant­s­Joint ven­tures and part­ner­shipsProb­lems ex­per­i­enced in BRI pro­ject­s­Key risks and risk mit­ig­a­tion­BRI dis­pute res­ol­u­tion and ar­bit­ra­tionESG, sus­tain­ab­il­ity and BRI­Belt and Road 2.0The Di­git­al Silk Road  and the Health Silk RoadThe pro­spects for BRI after 2020Our find­ings from China are avail­able now and Asia-Pa­cific will fol­low soon. Re­ports on Cent­ral and East­ern Europe, the Middle East, Africa and Lat­in Amer­ica will be pub­lished in the com­ing months.me­di­um me­di­um me­di­um me­di­um me­di­um me­di­um 
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...
28 September 2020
BRI - View from China
The Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve. Its par­ti­cipants are in­creas­ingly look­ing to meet the trends of the fu­ture. Af­ford­able pro­jects, em­bra­cing mod­ern tech­no­lo­gies and meth­ods, as well the “open, green and clean” ap­proach of BRI 2.0, will of­ten be those that stand the greatest chance of suc­cess – a point un­der­lined by China’s re­cently an­nounced tar­get for car­bon neut­ral­ity and Pres­id­ent Xi Jin­ping’s call for a green re­cov­ery of the world eco­nomy.But how are the un­pre­ced­en­ted dif­fi­culties of 2020, in­clud­ing the glob­al pan­dem­ic and trade dis­putes, af­fect­ing the pro­spects of BRI?Wel­come to the first of a series of re­ports that as­sess the chal­lenges for BRI and the steps that BRI par­ti­cipants can take to achieve both suc­cess for them­selves and a pos­it­ive fu­ture for BRI. This re­port is in­ten­ded primar­ily for a Chinese read­er­ship and is there­fore avail­able in both Eng­lish and Chinese.The re­port ex­am­ines:Why Chinese par­ti­cipants in BRI are more gen­er­ally pos­it­ive about it than non-Chinese par­ti­cipants, and how this may be re­solved.The ef­fects of Cov­id-19 on BRI, and new en­thu­si­asm for the Health Silk Road.How to mit­ig­ate BRI risk and man­age dis­putes.Po­ten­tial trends in the fin­an­cing of BRI pro­jects.The im­pact of BRI 2.0.
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...
31 July 2020
An­nu­al Re­view 2019 – 2020
We are liv­ing in tur­bu­lent times, char­ac­ter­ised by polit­ic­al, cli­mate and health crises. The most acute of these – the COV­ID-19 pan­dem­ic – has clearly shown how in­ter­con­nec­ted our eco­nom­ies are: travel, com­merce and sup­ply chains world­wide have been im­pacted. No in­di­vidu­al or busi­ness has re­mained totally un­af­fected by it.As a glob­al or­gan­isa­tion, with a pres­ence in key busi­ness hubs around the world, we are wit­ness­ing the im­pact of the pan­dem­ic firsthand. Our teams in Asia, Europe, Africa and Lat­in Amer­ica are help­ing cli­ents deal with this un­pre­ced­en­ted situ­ation. Un­fold­ing in dif­fer­ent in­tens­it­ies in dif­fer­ent parts of the world at dif­fer­ent times, our teams are in the for­tu­nate po­s­i­tion of be­ing able to con­nect with and learn from each oth­er. This en­ables us to sup­port our cli­ents in a mean­ing­ful way, listen­ing to and un­der­stand­ing their con­cerns and provid­ing them with busi­ness-rel­ev­ant ad­vice that draws on in­sights from our ex­perts world­wide.In this crisis, we, as a so­ci­ety, are at a cross­roads. What is cer­tain is that for in­di­vidu­als and busi­nesses (ours in­cluded) there will be no ‘back to busi­ness as usu­al’. Things need to (and will) change. How we shape the ‘new nor­mal’ is up to us. In this An­nu­al Re­view, we look at some key de­vel­op­ments that are in­creas­ingly im­pact­ing busi­ness suc­cess. Com­pan­ies need to take these in­to con­sid­er­a­tion when ad­apt­ing their op­er­a­tions to the new busi­ness en­vir­on­ment.The months ahead will be chal­len­ging for us all. Busi­nesses will need to think stra­tegic­ally and po­s­i­tion them­selves for suc­cess in the new nor­mal. We at CMS see it as our task to guide our cli­ents through this chan­ging busi­ness land­scape.Mat­thi­as Licht­blau (Ex­ec­ut­ive Dir­ect­or) Pierre-Sé­bas­tien Thill (Chair­man) Duncan We­st­on (Ex­ec­ut­ive Part­ner) CMS Ex­ec­ut­ive Team
22 April 2020
LMA-Style Loan Agree­ments and COV­ID-19 in Oman
In the cur­rent un­pre­ced­en­ted times of COV­ID-19, with many busi­nesses shut down or with re­duced abil­ity to op­er­ate, sup­ply chains dis­rup­ted and little or no cus­tom­ers for many ser­vices and products, cash...
26 June 2020
The Lat­in Amer­ic­an GC: Rising to the chal­lenge
When we first draf­ted this fore­word, it said that al­though our fo­cus in this re­port is on per­son­al de­vel­op­ment for GCs, the world in which a GC works does make a dif­fer­ence to their role. Re­cent events have con­firmed that in a way we could nev­er have ima­gined.As we sur­veyed and in­ter­viewed GCs across Lat­in Amer­ica, no-one had heard of Cov­id-19. But now we are pub­lish­ing this re­port in what seems like a dif­fer­ent world from the one where we gathered our data.Clearly, we have to ask: is it still rel­ev­ant? The coronavir­us has brought not only count­less hu­man tra­gedies but also world­wide so­cial, fin­an­cial and com­mer­cial dis­rup­tion. Are our find­ings about the in-house pro­fes­sion still val­id in such a chal­len­ging and chan­ging en­vir­on­ment?We be­lieve they are. Our firm began its pro­gramme of GC re­ports dur­ing the glob­al fin­an­cial crisis. Such crises ac­cel­er­ate and change the way we view things. The glob­al fin­an­cial crisis boos­ted the status and value of many GCs, help­ing them achieve the am­bi­tions we dis­cussed. By help­ing their busi­nesses nav­ig­ate troubled times, with new re­quire­ments in areas such as com­pli­ance, they be­came more in­flu­en­tial.In the present crisis we will see oth­er GCs ex­per­i­ence a sim­il­ar change, as their com­pan­ies fo­cus on sur­viv­al, risk and sus­tain­ab­il­ity in the ‘new nor­mal’. Our re­search shows that Lat­in Amer­ic­an GCs are ready to seize such op­por­tun­it­ies, to prove their worth and to grow and de­vel­op their roles.In some re­spects, this re­port of­fers a snap­shot of life be­fore Cov­id-19. But in oth­er ways it’s a vis­ion for the fu­ture. The dir­ec­tion of travel for GCs – to­wards be­com­ing genu­inely stra­tegic busi­ness coun­sel – re­mains the same, even if some de­tails change. If the crisis ac­cel­er­ates pre-ex­ist­ing trends, they will be trends that GCs had already re­cog­nised.We be­lieve this is the first study of its kind in Lat­in Amer­ica.We hope that you will find it use­ful and thought­pro­vok­ing, even – or per­haps even more – in these dif­fi­cult times.We would also like to thank the many con­trib­ut­ors across CMS for their sup­port with pre­par­ing this re­port. It is not pos­sible to men­tion all of those who have made sig­ni­fic­ant con­tri­bu­tions by name.However, we would like to give par­tic­u­lar thanks to Adam Beach, Madalena Hou­li­han, Jonath­an Fenton, Cath­er­ine Mc­Gregor and Mary Hoover, for their con­sid­er­able ef­forts in as­sist­ing us.
16 April 2020
Net­work re­si­li­ence and tele­com­mu­nic­a­tions as es­sen­tial ser­vice dur­ing Coronavir­us...
The way we be­have, act and in­ter­act with the world has been rad­ic­ally changed due to the im­pact of Coronavir­us (COV­ID-19). So­cial dis­tan­cing and strict in­struc­tions to “stay at home” have thrust the...
22 June 2020
The Lat­in Amer­ic­an Gen­er­al Coun­sel
The first CMS Gen­er­al Coun­sel re­port in the Lat­in Amer­ica re­gion ex­plores the de­vel­op­ment of the GC role and how the world in which GCs work im­pacts them
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...