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Infrastructure & Projects

Netherlands

As a sponsor, lender or public sector organisation, you require legal advisors who can help you successfully handle complex infrastructure and project financing transactions. Whether you are involved in public works programmes or private sector financing in the areas of transport, health, education, waste, energy, defence, IT/telecoms, leisure, custodial & justice, ports, rail, roads or water, you will get the legal advice you need from us. With over 200 lawyers working in this sector, we can support your transaction in virtually any part of the world including the UK, Central and Eastern Europe, Western Europe, the Middle East, Turkey, India, Africa, Asia and the Americas.

We have delivered deals in the social, economic and energy sectors with a combined value of many billions of euros, advising on public private partnerships, energy and renewables projects, including the largest offshore wind farms in Europe, infrastructure and utilities investments and a range of other development and corporate finance transactions. If you are an investor selling or buying an interest in a concession, a utility business or a PPP deal, you need expert guidance through the complex bidding process. Our lawyers have helped shape transactions across these sectors, ensuring quick deal completions on terms that optimise your returns. The success of project finance is all down to good transaction documents. We will make sure that all documents are carefully and precisely formulated. And if you are facing a potential dispute, we have the experts to support you through dispute resolution procedures or litigation action. Whatever your situation, we have the track record and the people to help.

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"The firm's "network in Europe is one of its strengths.""

Chambers Global, 2020

The firm's "network in Europe is one of its strengths."

Chambers Global, 2020

“Good knowledge, clear advice and good communications. Timelines are met.”

IFLR1000, 2019

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    Public Private Partnerships

    If a public authority and a private (market) party enter into an agreement on the realization of a particular project, this is known as a public-private partnership (PPP).

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    March 2019
    En­ergy Stor­age
    560340ht­tps://me­dia.cmsleg­al.com/me­dia/em­bed?unique_key=aa2d1867c0956518566fceb3d3f8d003&width=720&height=405&auto­play=false&auto­light­soff=false&loop=false&clean1al­wayseznode://502218It is re­cog­nised that flex­ib­il­ity in the elec­tri­city sys­tem will be­come in­creas­ingly valu­able in the com­ing years as the wider en­ergy trans­ition, in­clud­ing the great­er pen­et­ra­tion of in­ter­mit­tent, dis­trib­uted gen­er­a­tion and more pro­act­ive con­sumers, across the world pro­gresses.In the last few years, en­ergy stor­age has come to the fore as a key sec­tor in provid­ing such flex­ib­il­ity. The com­mer­cial­isa­tion and wide scale de­ploy­ment of en­ergy stor­age seeks to take ad­vant­age of the range of rev­en­ue streams avail­able to en­ergy stor­age pro­jects, such as re­serve, sys­tem ser­vices and bal­an­cing. There are a vari­ety of busi­ness mod­els that cre­ate op­por­tun­it­ies for in­vestors, fun­ders, gen­er­at­ors and de­velopers, in­clud­ing co-loc­a­tion and be­hind-the-meter / Stor­age-as-a-Ser­vice (SaaS).Nev­er­the­less, there re­main jur­is­dic­tion-spe­cif­ic chal­lenges to the full-scale rol­lout of en­ergy stor­age, in par­tic­u­lar around the fu­ture pre­dict­ab­il­ity of rev­en­ue streams and the wider reg­u­lat­ory re­gime and the ex­tent of mer­chant risk that in­vestors can ac­cept.The en­ergy stor­age sec­tor will con­tin­ue to evolve with in­creas­ing op­por­tun­it­ies in al­tern­at­ive stor­age tech­no­lo­gies to lith­i­um-ion bat­ter­ies and pumped hy­dro, such as Com­pressed Air En­ergy Stor­age (CAES) and hy­dro­gen.This re­port is one of four sup­ple­ments, ex­pand­ing on the find­ings of our 2018 Con­nec­ted Fu­ture re­port and our 2017 CMS In­fra­struc­ture In­dex. The 2019 In­fra­struc­ture In­dex will be avail­able at the end of 2019.
    Nov 2018
    Con­nec­ted Fu­ture
    560340ht­tps://me­dia.cmsleg­al.com/me­dia/em­bed?key=a8d8553d4185acef53d102b90db01f48&unique_key=8885df075a330c452b818560c155d609&width=720&height=405&auto­play=false&auto­light­soff=false&loop=false&clean1al­wayseznode://499625Kristy Duane - Con­nec­ted Fu­tureeznode://469975Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it is de­term­in­ing the emer­gence of new as­set classes like char­ging points for elec­tric vehicles.The start­ing point of our jour­ney will be di­git­al, which is provid­ing the back­bone for di­git­al­isa­tion of the eco­nomy. While 4G – the fourth gen­er­a­tion of mo­bile phone tech­no­logy – has already wit­nessed ro­bust deal flow, the ad­vent of 5G is set to lay the found­a­tions for a huge range of in­nov­a­tion.Mov­ing to en­ergy, stor­age tech­no­lo­gies, par­tic­u­larly bat­ter­ies, are provid­ing a wide range of flex­ible ser­vices re­quired in our in­creas­ingly de­cent­ral­ised, dis­trib­uted and in­ter­mit­tent elec­tri­city sys­tems.Mean­while in the trans­port sec­tor, long held as a corner­stone of in­fra­struc­ture in­vest­ment, the smart mo­bil­ity re­volu­tion gath­ers pace. The rise of elec­tri­fied, con­nec­ted and autonom­ous vehicles is likely to rep­res­ent the most sig­ni­fic­ant trans­form­a­tion of trans­port since the in­ven­tion of steam lo­co­mot­ives and in­tern­al com­bus­tion en­gines in the 19th cen­tury. In­vest­ment in cy­ber se­cur­ity is re­quired, as trans­port in­fra­struc­ture will be­come vul­ner­able to se­cur­ity at­tacks. As our re­port ex­am­ines in de­tail, not all coun­tries are re­cept­ive to tech­no­logy in­nov­a­tions to the same de­gree, thereby of­fer­ing few­er op­por­tun­it­ies. In Europe, the UK is firmly se­cur­ing its role as a glob­al hot­bed of in­fra­struc­ture in­nov­a­tion, thanks to its for­ward-look­ing reg­u­lat­ory frame­work. While in Asia, Singa­pore is already be­com­ing a test­ing ground for new tech­no­lo­gies, giv­en its thriv­ing start-up eco­sys­tem and its con­du­cive le­gis­la­tion.me­di­umme­di­umme­di­umme­di­umme­di­umme­di­um
    June 2019
    CMS In­fra­struc­ture & Pro­jects Glob­al Bro­chure
    To meet do­mest­ic and glob­al growth ex­pect­a­tions a huge amount of in­fra­struc­ture will need to be built, re­built, re­fur­bished or ret­ro­fit­ted. The scale and in­vest­ment re­quired to plug this in­fra­struc­ture gap presents a for­mid­able chal­lenge and one in which our cli­ents will play an im­port­ant part.Our in­fra­struc­ture sec­tor in­sight has been gained by ad­vising many of the biggest play­ers in re­la­tion to pro­jects across the trans­port, health, edu­ca­tion, waste, en­ergy, de­fence, IT / tele­coms, leis­ure, cus­todi­al and justice, air­ports and ship­ping, rail, roads and wa­ter sub-sec­tors. You will be­ne­fit from the breadth and depth of our sec­tor ex­pert­ise whichever role and in whatever in­fra­struc­ture sec­tor you par­ti­cip­ate.

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    11/03/2020
    Pub­lic private part­ner­ships: Fin­an­cing PPP pro­jects by Paul Smith and Jonath­an...
    07 May 2020
    The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
    A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
    04/03/2020
    Pub­lic private part­ner­ships: Ex­per­i­ences of a mar­ket party by Theo Winter...
    Pod­cast
    07 May 2020
    GRESB 2020 – It’s Ques­tion Time!
    GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...
    26/02/2020
    Pub­lic private part­ner­ships: Rel­ev­ant ex­per­i­ence in the UK by Graeme Young...
    Pod­cast
    30 March 2020
    EU Com­mis­sion calls for closer scru­tiny of for­eign dir­ect in­vest­ment
    Non-EU in­vestors may be con­fron­ted with more ri­gid clear­ance pro­cesses when at­tempt­ing to ac­quire EU com­pan­ies as a res­ult of an un­pre­ced­en­ted call for ac­tion by the European Com­mis­sion. In a policy pa­per...
    24/02/2020
    Leg­al scen­ari­os for PPP pro­jects by Chris Jansen (Vrije Uni­versity Am­s­ter­dam)
    24 January 2020
    Re­cent case law sheds light on al­loc­a­tion of scarce trans­port ca­pa­city...
    In re­cent months, Dutch grid op­er­at­ors have re­por­ted the troub­ling news that the elec­tri­city grid has reached its lim­it and that re­in­force­ment is re­quired. Cur­rently, ten out of the Neth­er­land's twelve...
    19/02/2019
    CMS re­leases pod­cast series on pub­lic private part­ner­ships (PPP)
    27 November 2019
    In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over an­cil­lary...
    A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
    27 November 2019
    CMS In­fra­struc­ture In­dex re­veals pos­it­ive trends in in­fra­struc­ture sec­tor
    Frank­furt, 27 Novem­ber 2019. En­vir­on­ment­al, so­cial and gov­ernance (ESG) cri­ter­ia are be­com­ing a top pri­or­ity for in­fra­struc­ture in­vestors, ac­cord­ing to the 2019 CMS In­fra­struc­ture In­dex: Bridging Con­tin­ents.
    04 November 2019
    In­tro­du­cing the FID­IC Em­er­ald Book
    Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...