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Risk Management in Transport PPP Projects

In the Islamic Countries

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and estimates may also be routed in the lack of coordinated development of the network

surrounding the PPP project, for those initiatives embedded in transport systems, such as road

or rail or urban transit schemes. Political will to develop an infrastructure keeping the risk of

low demand and/or low but publicly acceptable fees also represents a possible reason for

discrepancies between estimated and actual traffic and revenue volumes. In such cases

optimistic demand and/or revenue assumptions might have been adopted in contractual

documents to turn the project bankable.

Demand and/or traffic revenue guarantees

by the

public sector are common measures in the investigated countries to mitigate financial

sustainability risks, implying that in those circumstances where demand and revenue risks are

overestimated, the public sector needs to compensate the private party. This further emphasizes

the importance of performing accurate pre-feasibility and feasibility studies. It seems that in

some cases the institutions involved in the preparation of the projects do not have adequate

financial resources and/or competences to perform directly these analyses or hire consultants.

Other risks

Other risks related to PPPs usually include

force majeure and early termination risks

. Whilst

these are normally specified in contract documentation, some investigated countries include

provisions in the procurement or PPP dedicated regulation on dispute mechanisms solutions

which might help avoiding arbitration procedures that are generally long-lasting and costly.

International arbitration is also generally foreseen and some countries also adopted the New

York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and are

members of the International Centre for Settlement of Investment Disputes (ICSID Convention).

6.2.

Policy recommendations

The following sections provide a set of policy recommendations which have been identified on

the basis of the analysis presented in this study.

6.2.1.

Political measures

PPP projects should be better integrated in the wider socio-economic development vision and

transport development strategy of the government. In order to mitigate

political risks

as well

as

financial sustainability and technical risks

their identification should be framed in the

wider context of the investments required for the development of the transport system and their

selection should be based on the capacity of these projects to perform positively and possibly

better than other investments in terms of cost-effectiveness and cost-efficiency analysis.

Projects should indeed be selected for PPP implementation minimizing the need for state

guarantees, mitigating the risks associated with project bankability and contingent and long-

term liabilities impacts of PPPs on the Stage Budget, i.e.

macroeconomic and financial credit

risks

. The preparation of an indicative pipeline of PPP projects should be considered in this

respect, which may also be used to cluster and rank projects according to their value for money

and value-added for society. Such a list could also provide a basis for discussion with the