Asian Institute of International Financial Law
Faculty of Law, The University of Hong Kong
Belts, Roads and UNCITRAL’s New Model Legislation
on Public-Private Partnerships
Monday, 18 November 2019
12:30 – 1:30 pm
Academic Conference Room, 11/F Cheng Yu Tung Tower
The University of Hong Kong
On July 25th this summer (2019) The United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Legislative Provisions on Public-Private Partnerships and the UNCITRAL Legislative Guide on Public-Private Partnerships (the new PPP texts). The new PPP texts update and consolidate UNCITRAL’s two prior 2001 texts on Privately Financed Infrastructure Projects and reflect changes in this rapidly evolving area. The new PPP texts provide guidance and a legislative template for States willing to consider the enactment or the revision of a PPP legal framework. The new PPP texts should be integral to Belt and Road Initiative projects currently being rolled out across Asia. This talk sets out the organisation and scope of these new PPP texts, terminology used, background information, PPP legal framework and context, PPP trends and content that informed redrafting of the Model Guide, as well as the underlying key recommendations. The talk will situate the Model Guide in the context of the recent launch of the PRC’s Asian Infrastructure Investment Bank and Belt and Road Initiative and will close by addressing gaps in the Model Guide when used to draft concession agreements.
About the Speaker:
Dr Arthur McInnis is an Adjunct Faculty member at HKU teaching in the CFL program in the LLM. Arthur is an adjudicator, independent legal consultant, Fellow of the Chartered Institute of Arbitrators and General Editor of the newly published Emden’s Construction Law Hong Kong, 2 vols. looseleaf, Lexisnexis, Hong Kong. He is an Adjunct Professor at the Hong Kong University of Science and Technology, Senior Fellow at the University of Melbourne and an Honorary Fellow at the Asian Institute of International Financial Law at the University of Hong Kong. Arthur has an international reputation in the field of construction law and projects which is tied to his many years of teaching in Hong Kong at both the University of Hong Kong and the Chinese University of Hong as well as practice with Baker and McKenzie, Denton Wilde Sapte and Clifford Chance. Arthur has over 100 publications and has given over 50 conference papers and addresses. Arthur was the Honorary Legal Advisor to the Joint Contracts Committee, the body which published the new Standard Form of Building Contract (Private) for Hong Kong in 2005; a Chairman for 10 years of the Appeal Tribunal Buildings (Hong Kong); a founding member of the Society of Construction Law Hong Kong, and, has served as a consultant with the ADB working with PRC authorities on the drafting of a model concession law for the PRC. Recently Arthur was an invited speaker at the 2019 AAIL, Department of Justice and UNCITRAL co-sponsored conference on Public Private Partnerships.