International Project Finance Law and Practice

by Dewar, John

• ISBN13: 9780199601448
• ISBN10: 0199601445
• Format: Hardcover
• Copyright: 2011-05-26
• Publisher: Oxford University Press

Summary

Project finance is used worldwide to structure and finance natural resource and infrastructure projects and practitioners must have a thorough grasp of the underlying principles of this specialist area. With a logical and helpful structure, this book addresses this need, providing a detailed analysis of practical issues and including checklists to give guidance on the structuring of projects. As well as addressing the basic principles which can affect the structuring and documentation of project financings, the book also studies structural, legal and contractual differences between the different sectors using project financing techniques such as transportation, telecommunication and mining. With a wide geographical coverage, the authors look at the application of English and New York law in cross-border documentation and also at the impacts of running projects in civil law jurisdictions. They also examine different sources of funding, such as banking documentation, international bond documentation and Islamic financing techniques, particularly in the Middle East and Asia, including the legal and documentation issues arising from the use of such financing techniques and how they interact with each other from a legal and contractual perspective. Equally significant, the book provides an analysis of project defaults and work-outs giving guidance on how to manage projects when these circumstances arise.

Author Biography

John Dewar is a partner in the Global Project Finance Group. Mr. Dewar's practice centers on project and structured finance transactions in Europe, Africa, the Middle East and Asia. He has acted for both lenders and sponsors in a wide range of industries, including power, oil and gas, petrochemicals, satellites, telecommunications, water, infrastructure and mining. John is also a member of the Islamic Finance Business Unit. Mr. Dewar attended Sidney Sussex College, Cambridge (1988) and the College of Law, Guildford (1989). He is a member of the Law Society of England and Wales.

Table of Contents

1: Phillip Fletcher: Approaching Legal Issues in a Project Finance Transaction
2: Cathy Marsh and Andrew Pendleton: Project Participants and Structure
3: Mark Plenderleith: Sources of Funding
4: John Dewar and Oliver Irwin: Project Risks
5: Cathy Marsh, Daisy East and William Fyfe: Allocation of Risks in Project Documentation
6: Martin Benatar and William Fyfe: Insurance
7: Gabriel Mpubani: Principal Finance Documentation
8: Jonathan Maizel and Alexander Borisoff: Official Funding Sources: Export Credit Agencies & Multilateral
9: Tom Siebens and David Gasperow: Documentation of Project Bonds
10: John Dewar and Mohammad Munib Hussain: Islamic Project Finance
11: Joanne Robertson and Patrick Holmes: Ancillary Finance Documentation
12: Antoine Maffei and Jean-Renaud Cazali: Project Finance in Civil Law Jurisdictions
13: Nick Angel and Alistair Hill: Defaults and Workouts: Restructuring Project Financings
14: Michael Nolan, Julian Stait and Erin Culbertson: Dispute Resolution in Project Finance Transactions
Appendix 1: Checklists
1. Introduction, John Dewar
2. What is Project Finance?, John Dewar
3. Approaching Legal Issues in a Project Finance Transaction, Phil Fletcher
4. Project Participants, Cathy Marsh and Andrew Pendleton
5. Civil Law Jurisdictions, Antoine Maffei and Jean Renaud Cazali
6. Ownership and Project Structures, Eric Silverman and Daisy East
7. Sources of Financing, Mark Plenderleith
8. Project Risks, Jonathan Maizel and Oliver Irwin
9. Insurance, Martin Benatar and William Fyfe
10. Allocation of Project Risks - Documentation, Allan Marks and Daisy East
11. Loan Finance Documentation, Patrick Holmes
12. Export Credit and Political Risk Insurance Documentation, Phil Fletcher
13. Project Bond Documentation, Tom Siebens and David Gasperow
14. Islamic Project Finance, John Dewar and Mohammad Hussein
15. Ancillary Finance Documents, Patrick Holmes and Joanne Robertson
16. Defaults and Workouts, Nick Angel and Alistair Hill
17. Dispute Resolution, Michael Nolan and Julian Stait