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Public-Private Partnerships (PPP)

Serbia

Co-operation between the public and the private sector in building and running infrastructure facilities or offering public services often takes place within the framework of public private partnerships (PPP). This form of co-operation has considerable advantages and is being ever more used: Not only is the private sector‘s financial power put to use in providing public services, but also their professional expertise.

We offer comprehensive legal advice both to the public sector and to investors/sponsors, banks and other debt capital providers. Our project teams are made up of experts from the following areas: public procurement law, building contract law, public commercial law, corporate law, banking and financing law, tax law, claim management and dispute resolution. The use of experts from many different fields ensures that you always have at hand precisely the legal and tax expertise you need due to the complexities of PPP projects and when you need it.

We offer advice on the conception of projects as well as the preparation and handling of invitations to tender and procurement processes. We will advise and represent you in contractual negotiations, project financing and commissioning subcontractors, and also provide you with support when implementing PPP projects. We are especially experienced in the areas of infrastructure, transport, energy, health care and public buildings.

We consult on PPP projects and construction and service concessions in Austria, in CEE and SEE and wherever your project takes place. Close cooperation between CMS offices in 34 different countries ensures that our lawyers can always draw on international experience to develop tailor-made solutions.

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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...
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...
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...
12 February 2020
Ser­bia sets new laws for in­fra­struc­ture
Ser­bia has re­cently en­acted thir­teen laws and reg­u­la­tions in the area of in­fra­struc­ture, which should ex­ped­ite the con­struc­tion of roads, rail­ways, air­ports and ports and util­ity in­fra­struc­ture in the...
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...