Public Private Partnership

The Firm has experience in the PPP arena in Pakistan particularly in relation to the development phases of the PPP framework.  The Firm’s lawyers have completed certificate courses with IP3 on PPP and Advance Financial Modelling for PPP transactions.  The Firm’s lead lawyers authored a widely-acclaimed and now officially published report on the enabling framework for public private partnerships and the legal and regulatory constraints related thereto in the power, transport and water sectors in Pakistan.  The report was commissioned by the Asian Development Bank for the Planning Commission of Pakistan, and was a major initiative towards identification and redress of constraints to public private partnership projects in these sectors in Pakistan.  The study focused on Constitutional, legal, regulatory and policy constraints in the way of broad-based private sector participation in project financing, construction and operation of infrastructure projects in Pakistan including by way of public private partnerships.  The study encompassed Federal, Provincial and Local Government legislations and institutions dealing with infrastructure projects.  Specific recommendations were made to design sub-projects for intervention and removal of identified constraints. 

The Firm has acted as external counsel for the Infrastructure Project Development Facility (IPDF), a company set up under the aegis of the Government of Pakistan with multilateral donor agency assistance for drafting the framework and enabling documentation for public private partnerships towards infrastructure development in Pakistan.

  • Worked with the in-house legal team of IPDF in drafting the PPP Law and the PPP Policy, and also assisted the IPDF teams in presentation of these instruments to the relevant approving Government bodies. In drafting the PPP Law, the legal team reviewed PPP legislation in several jurisdictions, studied best practices and developed the draft law consistent with the legal environment in Pakistan. 
  • Worked on developing the Standardised Contractual Framework and associated Guidelines based on international best practices for limited-recourse project financing for public private partnership projects – this document now stands approved by the Ministry of Finance for implementation by the public sector agencies. The legal team presented the key concepts and structure of the Standardised Contractual Framework in 3 workshops held in major cities of Pakistan which were attended by a wide audience of stakeholders, including investment banks and project sponsors.
  • The Firm drafted the Concession Agreement for the Pakistan Automated Commercial Community System Project (PACCS), a project sponsored by the Federal Board of Revenue. The UK’s IT Standardisation for PPP projects formed the baseline for structuring and drafting of this agreement.
  • The Firm acted under the aegis of IPDF to draft a Passenger Insurance Agreement between Pakistan Railways and an Insurer under the PPP mode designed to offer voluntary passenger coverage to Railways passengers in Pakistan;
  • The Firm acted for IPDF in assisting the Ministry of Railways to set up a separate corporate entity to manage the Real Estate owned by Railways throughout Pakistan.

Firm has acted as Project Counsel of various power projects based on PPP. 

Please refer the Power Sector section of our practice area on preceding pages for more detail of PPP experience.

Additionally, the Firm has developed the Standardised Contractual Framework with guidelines for the Infrastructure Project Development Facility (IPDF) for public private partnerships on limited or non-recourse project financing basis.