Companies can contribute to elaboration of dispute settlement model for infrastructure contracts

The Special Secretariat of the Investment Partnership Program (SPPI) of the Civil Office of the Presidency of the Republic is promoting a Public Consultation (No. 1/2019/SPPI/CC/PR) to draft a resolution recommending the adoption of adequate dispute settlement mechanisms in partnership agreements of projects to be qualified under the Presidency of the Republic Investment Partnership Program (PPI).

Based on Technical Note No. 4/2019/STR/SPPI, the proposal aims at improving the regulatory framework for the development of the country’s infrastructure, promoting dialogue with the financial sector, private law practice specialized in regulatory law, concessionaires and entities of various sectors.

When allowed negotiation, mediation, arbitration and/or the creation of a dispute board as appropriate mechanisms for dispute settlement, the partnership agreements of ventures that may be qualified under the PPI will adopt the model clause provided for.

Once contributions are received and the appropriate answers and adjustments are made, the proposal will be able to be submitted to the Board of Directors of the Presidency of the Republic’s Investment Partnership Program (CPPI).

Interested individuals or legal entities may submit contributions until 12/01/2019.

The Public Law and Regulatory Department of NHM Advogados will keep following up the developments of the matter and will be at your service to render any assistance related to the issue.