PPP
&
PFI
Projects

OVERVIEW:

ASAR is at the cutting edge of advising on Public Private Partnership (PPP) and Private Finance Initiative (PFI) projects. We have a leading reputation for providing commercially focused advice to various parties involved in major public transport and infrastructure projects, from governments and project sponsors to key ancillary parties such as consultants, lenders, contractors and property developers.

We cover all aspects of these projects, including the development of both appropriate regulatory frameworks and contractual structures together with review and advice on sector governance, economic, commercial and environmental regulations.

We are well known for our ability to get to the core of complex and novel issues and for being creative in delivering commercial outcomes in difficult circumstances.

In Kuwait, our firm has been involved in the vast majority of PPP projects having represented awarding authorities, private sector consortia, and subcontractors including building contractors.

EXPERIENCE:

  • Az Zour North Phase 1 – IWPP Project
    • ASAR was involved in advising the Ministry of Electricity and Water and the Partnership Technical Bureau as part of the consortium comprising the Transaction Advisor on the process of the development of an independent water and power producer under the Public Private Partnership (PPP) Law. This project is the first IWPP in Kuwait and has since successfully closed.
  • Az Zour North Phase 2 – IWPP Project
    • ASAR is currently involved in advising the Ministry of Electricity and Water and the Kuwait Authority for Partnership Projects as part of the consortium comprising the Transaction Advisor on the process of the development of an independent water and power producer comprising combined cycle turbine or conventional thermal power with a sea water based desalination plant under the Law 116 of 2014 (the PPP Law) and Law 39 of 2010 (as amended).
  • Al Khairan IWPP Project – Phase 1
    • ASAR is currently involved in advising the MEW and the Kuwait Authority for Partnership Projects (KAPP) as part of the consortium comprising the Transaction Advisor on the process of the development of an independent water and power producer comprising combined cycle turbine or conventional thermal power with sea water based desalination plant.
  • Development of the Al Abdaly District and Free Trade Zone
    • ASAR is involved as part of the consortium comprising the Transaction Advisor in advising the Kuwait Investment Authority (KIA) on the development of an economic and logistics free trade zone in the Al Abdaly area in Kuwait.
  • Kuwait National Rail Road Project
    • ASAR is currently involved as local legal counsel in advising the Ministry of Communication and the Kuwait Authority for Partnership Projects (KAPP) as part of the consortium comprising the Transaction Advisor on the process of the development of the Kuwait National Rail Road.
  • Kuwait Metropolitan Rapid Transport System Project
    • ASAR is currently involved as local legal counsel in advising the Ministry of Communication and the Kuwait Authority for Partnership Projects (KAPP) as part of the consortium comprising the Transaction Advisor on the process of the development of a rapid transportation system.
  • Kabd Municipal Solid Waste Project – Kuwait
    • ASAR is currently advising (as local legal counsel) both the sponsors and the lenders in respect of the development of a new Waste to Energy Plant that will treat up to 50% of the State’s municipal solid waste. ASAR role covers assisting the sponsors (and lenders), in preparing responses to the project RFP, conducting due diligence, commenting on the project documentation and advising on all aspects of Kuwaiti laws relevant to the project.
  • Umm Al Hayman Wastewater Project – Kuwait
    • ASAR is currently involved (as local legal counsel) in advising both the sponsors and the lenders in respect of the development of a wastewater project in the Southern Area of Kuwait. The project includes both a wastewater treatment plant with an initial hydraulic capacity of 500,00 m3/d daily average in flow, wastewater transmission net work and TSE distribution. The project assets are being split between two contracting models i.e. BOT and DBO under one project agreement. ASAR’s scope of work includes, conducting due diligence on Kuwaiti laws relevant to the project, reviewing and commenting on the RFP and the project documents, assisting the clients on local Kuwaiti law matters in preparation for the bid, including in respect of the financing structure and the incorporation of the project company and bidders holdco company.
  • Al Abdaliya ISCC Project – Kuwait
    • ASAR is currently advising (as local legal counsel) three sponsors (i.e., consortia) in respect of the development of the first integrated solar combined cycle plant in Kuwait. ASAR’s role includes, conducting due diligence on Kuwaiti laws relevant to the project, reviewing and commenting on the RFP and the project documents, assisting the clients on local Kuwaiti law matters in preparation for the bid, including in respect of the financing structure and the incorporation of the project company and bidders holdco company.