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Hanoi 2023.Mar.11 Public-Private Partnership (PPP): Contract and dispute resolutions

In June 2021 the National Assembly of Vietnam, passed a Law on Public-Private Partnership (PPP Law). The PPP Law establishes a legal framework for PPP projects. After that, the Government issued Decree No. 35/2021/ND-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Investment in the Form of Public-Private Partnership, and Decree No. 28/2021/ND-CP dated March 26, 2021 of the Government providing the financial management mechanism applicable to investment projects in the form of public-private p1artnership.

8:00am - 8:30am

Registration

8:30 - 8:45

Opening speeches

8:45 - 9:30

Part 1 - Standard Conditions of PPP Contract

8:45 - 9:05
TBA
World Bank
9:05 - 9:30
TBA
USAID
9:30am - 10:30am Part 2 - Risks, disputes and resolutions in PPP projects with case studies (presentations)
Rafael Gil Nievas
former Deputy Head Of Arbitration, Spanish Govenment
TBA
Markus Burgstaller
Public International Law Partner at Hogan Lovells
10:30am - 11:00 Tea Break
11:00am - 12:00pm Challenges in creating standard forms of PPP contracts in Vietnam (Discussion panel)
Ministry of Transportation
Circular 09/2022/TT-BGTVT on standard conditions of PPP contract for transportation projects
Ministry of Construction
Drafting standard conditions of PPP contract for solid waste and waste water treatment projects
Ministry of Agriculture and Rural Devepment
Ministry of Natural Resources and Environment
Register

Venue: Room D201, Foreign Trade University (FTU), 91 Chua Lang, Lang Thuong, Dong Da, Hanoi, Vietnam (https://goo.gl/maps/kQFu9yUExZCXRr3Z6)

Date: Saturday, 11 March 2023, 8:30am – 12:00pm

Fees:

  • FTU students: 100.000 VND
  • SCLVN Member, FTU alumni: 200.000 VND
  • Online guests: 200.000 VND
  • In-person guests: 300.000 VND
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Mr.Rafael Gil Nievas is an attorney, a Professor of Law and part of the Eversheds Sutherland’s international arbitration group.

Previously he has represented clients in more than 50 investment arbitrations. He has been General Counsel of big energy multinationals, negotiator of the modernization of the Energy Charter treaty, and he has negotiated relevant EU legislation (as the Lisbon Treaty, Rome I and II, Corporate Law, IP and Financial EU Directives). He is civil and common law trained attorney, admitted as an attorney in Madrid and Bar certified in NY.

During period from 2019 to 2022, He was in charge of over more than 50 Arbitration cases as Deputy Head of Arbitration of the Spanish Government. Amongs of the main achivements he was lead counsel in the CSP Equity vs Spain case (1.5 billion for the total victory for Spain) and in the Green Power vs Spain case (first time ever where the intra-EU objection was upheld).
International Arbitration and Litigation

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Markus advise clients on public international law and EU law and act for both investors and states in international arbitrations, mainly under investment treaties, under ICSID and UNCITRAL rules.

He acted for Vietnam in three separate UNCITRAL arbitrations under a Bilateral Investment Treaty and  the investment chapter of a Bilateral Trade Agreement.

He is also nominated to the ICSID Panel of Arbitrators.

 

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