The ESCL Conference held by the BSCL in Sofia on 17 June 2021 was attended by more than 50 participants from 16 countries.
17 experts from 10 countries delivered interesting presentations, keeping the audience involved from 8 to 18, many participants asking questions and sharing experience.
It was great to meet face to face after 3 years and share knowledge!
You can find on the links below presentations/materials uploaded with the kind permission of the presenters:
Session 1 Moderator Prof. Dr. Bastian Fuchs, LL.M., ESCL Chairman
1. A case study on worst PPP practice – how not to do it? Sean Gibbs, Chief Executive Officer at Hanscomb International
2. PPPs: How to brace for real impact? Mr Arent van Wassenaer (The Faithful Goose, The Hague, The Netherlands)
3. The future FIDIC PPP Contract Mr Peter Collie, FIDIC CC, PPP TG liaison, UK
4. Challenges of Digitalization for PPP Dr Hristo Hristozov, LL.M., Digitalization Lead at ProActive Solutions ltd, Bulgaria
Session 2 Moderator Richard Bailey, Partner Druces LLP London, ESCL Council Member past Chair of the UK SCL and ESCL
5. Procuring net zero construction- how does collaboration improve PPP outcomes? Darya Bahram, RIBA, MAPM, MCIArb, a Research Associate at the King’s College London Centre of Construction Law and Dispute Resolution
6. How can we create collaborative PPPs? Ms Martina Mincuzzi, SLV law firm, Italy, EAPPP representative
7. PPP Danube – Aegean Sea Motorway – a project created by a private entity Mr. Roumen Markov, MEng, General Manager ‘Large Infrastructure Projects’, Bulgaria
8. Opening PPP’s doors in Latvia. Case study of Kekava Bypass Ms Lelde Lavina, Partner & Head of Real Estate & Construction practice at Sorainen Latvia
Country reports I, Moderator Mr. Prof. Dr. Bastian Fuchs, LL.M., ESCL Chairman
9. PPPs in Belgium Mrs Elke Van Overwaele, Confederation Construction Legal Department Manager
10. PPPs in Bulgaria Mrs Victoria Penkova, Managing Partner Dyulgerova & Penkova Law Firm & Ms Boyana Milcheva, Head of Construction Law Practice Dimitrov, Petrov & Co. Law Firm
11. PPPs in Denmark Attorney-at-law, Ph.D. Mr. Anders Jost Buch
12. PPPs in Finland Ms. Emma Niemistö, Partner, Head of Construction Merilampi Attorneys Ltd
13. PPPs in France Mr Pierre A Rohan, AFDCI, Barrister at the Paris Bar
Country reports II, Moderator Prof. dr. jur. Ole Hansen, ESCL Vice President
14. PPPs in Italy Mr. Roberto Panetta, Founder & Managing Partner of Panetta Law Firm, ESCL Vice Chairman
15. PPPs in Netherlands Mr Arent van Wassenaer
16. PPPs in UK Prof. Anthony Lavers, Counsel White & Case, Visiting Professor KCL
17. PPPs in Ukraine Mr. Volodymyr Yaremko Senior Associate (Ukrainian Lawyer) Mayer Brown International LLP
Summary: “PPP: What really matters?”
What really matters is:
- Expertise to be available on both sides
- Collaborative approach, long term partnering
So, the key is EBC (Expertise, Bankability, Collaboration), not EPC (Engineering Procurement Construction/ Turnkey approach transferring all risks to the Contractor).
- complicated animals to be properly trained and organised; planning is crucial, including clearly defined objectives.
- inevitable reality, due to the lack of enough public funds.
PPPs are not suitable for complex high-risk projects.
The trend is the employer to preserve more risks.
PPPs have to deliver value for money; more innovations are possible.
PPPs are not suitable for every project and every employer.
To use or not to use PPP, often depends on the choice between cost minimization or providing crucial services to people as quickly as possible.
The main causes for claims in PPP projects are: conflicting specifications, opportunistic tendering, higher risk profile, ad-hoc Dispute Boards.
Question and Answer session and Close of Conference, with Dr. Adriana Spassova, ESCL President, BSCL Chair and Prof. dr. jur. Ole Hanen, Vice President