This module highlights the specific practical matters that can arise in the context of a JV dispute involving a mega infrastructure project and outlines key areas that a JV Agreement should cover in successfully mitigating against disputes and deadlocks.
Parties must focus not only on the formation of a joint venture but pay equal attention to how to deal with possible disputes and consider their exit strategy. This is a difficult discussion to have at the start of a commercial relationship, but one that needs to be addressed in detail upfront.
This module examines the various options available for dispute resolution and what should happen in the event of termination.
Stephen Fox CBE
CEO, BAM Nuttall
Using a Dispute Avoidance Board on complex mega infrastructure projects allows the JV and other parties to agree early resolution of disagreements before they become full blown disputes
Dr. Dean Lewis
Partner
Our experience suggests that a failure to consider appropriate exit strategies puts JV partners at risk of a prolonged dispute resolution and a higher exposure under the project underlying agreements.
Lead Contributor
Dr. Dean Lewis
Partner
The initial phase of recovery from Covid-19 will require the restructuring of distressed infrastructure projects and programmes. This will include dealing with claims and disputes as well as refinancing of infrastructure projects and recapitalisation of supply-chains.
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The effective development of new pipelines of infrastructure projects at a national level and the procurement of new infrastructure projects as a part of government stimulus planning will need careful structuring and capacity planning.
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Transforming productivity is essential for the effective and efficient delivery of infrastructure projects. The effective implementation of innovation and technology and the need to develop new skill sets and leadership as well as improved governance of infrastructure projects will be essential in transforming productivity.
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