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Public-Private Partnership (PPP)

Public-private partnership (PPP) model is a situation where a public sector entity or the government signs a long-term agreement with companies in the private sector for delivering a public service. Kuwait has introduced many positive policies to procure many state projects using the PPP model. The partnership invariably leads to the development of an infrastructure project through which the service is delivered.  Kuwait has initiated many such PPP projects in sectors such as water and wastewater management, solid waste management, power, health, education, transportation, real estate, and communications.  The situation facilitated by favorable government policies provide a potential opportunity for different high profile clients, contractors, bidders, subcontractors, and other parties to participate in huge scale projects in Kuwait and neighboring regions. Laws and regulations and compliance guide all the projects under PPP is a must to qualify for any project.

Kuwait as an Emerging Destination for Public-Private Partnership (PPP) Projects

Complete Legal Assistance and Consultation for PPP Projects

A combination of different laws governed the public sector projects performed by any private entity. These were awarded by the state through contracts before 2007. The first set of laws to regulate PPPs emerged in 2007 when the government of Kuwait introduced the Regulation of BOT Operations and Similar Systems law ( BOT Law No. 7 of 2008). The BOT law along with the Executive Regulations provided the foundation for a legal facilitator to launch the projects. It established the processes of procurement of PPP across the various industry sectors in the country.

The BOT law was replaced by the new Concerning Partnerships Between the Public and Private Sectors law (PPP Law No. 116 of 2014). The law was amended to account for the loopholes and difficulties encountered by investors and counts as another positive step from the government.

Currently, the Partnership Technical Bureau (PTB) is the main body implementing PPP projects in Kuwait.

The Implications of PPP Law

Lawyer Sultan Al-Shemali Law Firm is serving clients for decades helping them undertake mega projects in Kuwait under the PPP model. Our expertise also extends to other forms of collaborations such as Build–operate–transfer (BOT) and build–own–operate–transfer (BOOT) models which involve the government and companies and investors in the private sector.  We offer full consultation and assistance with bid preparation, procurement documents, subcontracting, financing and funding, corporate governance, post-operation and commissioning and other issues. We will also help you to draft and review different types of agreements and contracts with suppliers, subcontractors, and other stakeholders.  Our law firm will ensure that you meet all regulations and comply with all the laws in place under the jurisdiction of Kuwait. With years of experience and exposure to various industries, our lawyers are aware of the trends and legal nuances that must be handled to land up with a successful project.  We offer a personalized service to each client so that we can deliver result-oriented solutions at the right time. Get in touch with us if you are interested in participating in a PPP project.

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