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Infrastructure & Projects

Portugal

The area of Projects and Infrastructures of CMS Rui Pena & Arnaut has a wide experience in PP/PFI, project finance and outsourcing, to intervene in a variety of transactions related with infrastructures (e.g. motorways, bridges, hydroelectric dams), with energy (oil, renewable energy and gas), with residues and with health sector.

These kind of projects are usually rather complex and entail the participation of expertise teams, involving the areas of public law, public procurement, bank and financial law, corporate and tax law.

The team devoted to the sector of Projects and infrastructures provides legal services related with the design, construction, funding, operation and maintenance of infrastructures and project finance, including, among others:

  • Agreements for works under contract and concession contracts
  • EPC Agreements
  • Public-Private Partnerships (PPP)
  • Legal assistance and representation in contractual negotiations
  • Tender processes and award of contracts
  • Legal representation in the revision of proceedings of award of contracts
  • Consortium agreements

Our clients benefit from a wide experience developed within the CMS network covering all Europe, extended also to Africa, Asia and Americas.

We work closely with promoters and financial providers as well as with the public sector, what gives us the possibility of providing a realistic, practical, commercial advice and, above all, an advice grounded in the expertise acquired through the participation in previous projects with similar issues to be dealt with.

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09 February 2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
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...
23 October 2020
The EU FDI Reg­u­la­tion be­comes fully ap­plic­able
The EU FDI Reg­u­la­tion, which came in­to force in April 2019, in­tro­duces a frame­work for screen­ing FDI in­to the EU. It is not a sep­ar­ate new screen­ing tool at EU level, but a frame­work for co­oper­a­tion and...
08 October 2020
Meet the Law - Ex­ten­sion of the ex­traordin­ary ten­ant pro­tec­tion re­gime
Law 58-A/2020, 30 September­Ex­ten­sion of the ex­traordin­ary ten­ant pro­tec­tion re­gimeLaw 58-A/2020 of 30 Septem­ber has been pub­lished, which amends Law 1-A/2020 of 19 March on ex­cep­tion­al and tem­por­ary meas­ures...
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...
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...
30 March 2020
EU Com­mis­sion calls for closer scru­tiny of for­eign dir­ect in­vest­ment
Non-EU in­vestors may be con­fron­ted with more ri­gid clear­ance pro­cesses when at­tempt­ing to ac­quire EU com­pan­ies as a res­ult of an un­pre­ced­en­ted call for ac­tion by the European Com­mis­sion. In a policy pa­per...