Infrastructure/media/pdfs/brochures/...projects to achieve successful outcomes. We draw on our experience to define the new ways of working we believe are required to successfully

& Infrastructure

2020

Our leading infrastructure team 1

Working with you 2

Selected infrastructure experience 4

Selected rail experience 9

Get in touch 10

Contents

Our leading infrastructure team & 01

Transformation by technology

It is clear to us that a key issue impacting on the

successful delivery of major infrastructure projects

is how technology can be better utilised and

integrated into projects to secure better outcomes

for all stakeholders. The pace at which such

technologies are emerging and evolving means that

it is a very real challenge to ensure the

commissioning process has sufficient flexibility to

facilitate integration of the very best technical

solutions as projects progress.

Our unique focus on technology coupled with our

global team's deep expertise in industries requiring,

funding or delivering infrastructure projects,

procurement, and areas of increasing importance

such as cyber law, data protection and digital

marketing, means we are ideally placed to guide

you in leading the way in this fast-paced, rapidly

changing sector.

Environment and stakeholder participation

Infrastructure projects affect their environment.

Managing the environmental impact and

stakeholder input is key to ensuring successful and

timely completion of the project. We structure and

moderate permitting and procurement and, where

necessary, litigate differing positions.

Our Infrastructure Group has exceptional

experience of helping those involved in major

projects to achieve successful outcomes.

We draw on our experience to define the new ways

of working we believe are required to successfully

deliver major projects. Our success using these new

approaches, and overwhelmingly positive feedback

from clients, suggests they are extremely effective.

Our specialist lawyers, with real estate,

construction, procurement, permitting, regulatory

and commercial experience have unparalleled

technical knowledge and an ability to think

creatively about clients' solutions.

Our global team of experts

Our Infrastructure Group has exceptional

experience of helping those involved in major

projects to achieve successful outcomes.

We draw on our experience to define the new ways

of working we believe are required to successfully

deliver major projects. Our success using these new

approaches, and overwhelmingly positive feedback

from clients, suggests they are extremely effective.

Our leading infrastructure team

Globally some $70 trillion will be spent on infrastructure investments in the coming decade.

The uncertainties and risks inherent in major projects, and the requirement to drive behavioural change as well as deliver cutting-edge technical solutions, mean lawyers cannot focus only on reviewing contracts and placing blame, but should concentrate on delivering successful operational outcomes.

02 & Our leading infrastructure team

Our specialist lawyers, with real estate,

construction, procurement, permitting, regulatory

and commercial experience have unparalleled

technical knowledge and an ability to think

creatively about clients' solutions.

We work collaboratively as a team across our office

network as well as with other professional advisers

of all disciplines to bring the necessary skills to

advise our clients on major projects which:

comprise technically complex engineering;

require creative procurement solutions;

work within the regulatory requirements of the

affected industries;

take due account of the political, competition and

state aid framework;

have the potential for significant consequences

where there is late delivery or a post-completion

defect; and/or

have post-completion operation and maintenance

requirements.

All of these matters are critically important to any

major infrastructure project and we are happy to

help you.

Bird & Bird is a truly international firm, organised around our clients. We connect our passion and practical insight with our clients' vision to achieve real commercial advantage.

Everything is connected

With more than 1,350 lawyers and legal practitioners across a worldwide network of 29 offices, Bird & Bird

specialises in delivering expertise across a full range of legal services. Our specialisms include advising on

commercial, corporate, EU and competition, intellectual property, dispute resolution, employment, finance

and real estate matters.

The key to our success is our constantly evolving sector-focused approach. Our clients build their

businesses on technology and intangible assets, and operate in regulated markets. To better meet their

needs we have developed deep industry understanding of key sectors, including automotive, aviation &

defence, energy & utilities, financial services, life sciences & healthcare, retail & consumer, media,

entertainment & sport and tech & comms.

Deep industry knowledge

Expertise in the legal and regulatory framework relating to each sector.

A more practical, commercial approach, supported by advisors with decades of experience working in the

relevant industries

Excellence in client service

Our open and flexible business culture allows us to configure ourselves to respond as quickly and effectively

as possible to the commercial pressures faced by our clients. Our priority is providing excellent client service,

however they themselves define excellence.

International reach

Europe: Amsterdam, Bratislava, Brussels,

Budapest, Copenhagen, Düsseldorf, Frankfurt,

The Hague, Hamburg, Helsinki, London,

Luxembourg, Lyon, Madrid, Milan, Munich,

Paris, Prague, Rome, Stockholm and Warsaw.

Middle East & Asia: Abu Dhabi, Beijing,

Dubai, Hong Kong, Shanghai, Singapore and

Sydney.

North America: San Francisco.

Bird & Bird has offices in key business centres across the globe. We work globally as one integrated law firm

with common IT-system and our accounting and profit pool are all shared. This ensures that we operate as

one truly international partnership and can assist in multinational projects in a uniform and cost-effective

manner.We were a truly international firm with a special focus on Africa, India, Latin America, Japan and

Russia, and extensive cooperation agreements with local firms increase our reach to other key jurisdictions.

In mid-2018 we also opened an office in San Francisco in the United States.

Working with you

04 & Selected infrastructure experience

Energy Storage Systems testbeds for the

Energy Authority of Singapore for CW Group and

Red Dot Power, including first floating charge

over a new asset class in Singapore.

Design & Build of hangar facilities and flight

training centre at Singapore Seletar Aerospace

Park for Bombardier and Airbus respectively.

Facility Management and leases of heritage

iconic buildings including the Victoria Concert

Theatre and Victoria Concert Hall as well as all

arts enclaves in Singapore for the National Arts

Council.

A German manufacturer and supplier of

equipment for rail customers: advising on

the review of and providing comments on

supplier’s warranty and indemnity with the

Government linked company to manufacture,

supply, deliver and/or install certain materials for

Mass Rapid Transit Project at Lembah Klang:

Jajaran Sungai Buloh – Klang.

Infrastructure Sharing Agreement between

adjoining tenants including cost and resource

allocation between two a facility for producing

acetic acid and vinyl acetate and a methyl

methacrylate production plant in Singapore

First shared cold room-warehouse facility

at JTC Food Hub @ Senoko Singapore, including

occupation and operator obligations for Jurong

Town Corporation

Design and Build by Boustead of Singapore's

first LEED Gold logistics hub for SDV Logistics

A major UK Central Government public

body: in the procurement of highly complex

financial infrastructure, categorised as Critical

National Infrastructure and an essential

component of the UK's national security system.

The procurement will be conducted under the

competitive dialogue procedure.

Abellio-RRX: Advice leading to the award in the

tender procedure regarding public transportation

services within the German “Rhein-Ruhr-Netz”,

one of the biggest infrastructure projects in the

European regional transportation sector.

ADIF (Spanish state-owned corporation

which plays a leading role in promoting

the railway sector): Providing legal assistance

in relation to ADIF´s international portfolio of

railway projects. In particular, the Spanish energy

team is currently assisting ADIF on any legal

issue arising in relation to the high-speed railway

line between Makkah and Madinah (Saudi

Arabia), commonly known as the "Western

Railway" project (2017-2018).

Aèroports de Paris (ADP)-Bouygues

Batiment International (BBI): Assistance to

the consortium integrated by ADp and BBI in

relation with the concession for the expansion

and operation of the Havana International

Airport

Altitude Infrastructure for the award of a

public service delegation relating to the financing,

design, construction, operation and marketing of

a high speed communication network in the

Department of Pyrénées Orientales





Department of Gard





Department of Haute-Garonne





Department of Var

An investment fund for the acquisition of a

stake in the capital of several special purpose

companies holders of concession contracts

relating to highways

Selected infrastructure experience

Selected infrastructure experience & 05

Arkéa Banque Entreprises et

Institutionnels, lender of the company endalia

for the financing of an administrative bail

emphytéotique and a convention de mise à

disposition non détachable relating to the

financing, design, renovation and rehabilitation

works and maintenance of the convention center

of the city of Saint Malo Caisse des Dépôts et

Consignations (DFE) for the financing of a

partnership agreement relating to the design,

partial financing, construction, major

maintenance, renewal and maintenance of three

high schools in the Seine Saint Denis Department

Innvoation "Infratech" equity financing

scheme for major infrastructure projects that is

compliant with Shariah law sanctioned by

Monetary Authority of Singapore

ATAP S.p.A. (the company owned by

muncipalities in north eastern Italy operating

local public transport services directly and

through a regional consortium managing bus, rail

and waterways): advising on a range of issues

from drafting public tender documents to

corporate, compliance and regulatory advice.

Bombardier: Legal advice and supervision of a

review procedure concerning a major

procurement procedure regarding the

construction and delivery of rail vehicles for the

suburban railway network of Berlin.

C40: a group of 40 of the biggest cities in the

world focussed on tackling climate change and

making cities as smart as possible, on creating a

framework to call off consultants to write action

plans for climate control initiatives. This will

require liaison with local governments and

mayoral bodies across the Globe, as well as a

strong focus on knowledge transfer between

members. Here, C40 was looking for

'procurement consultancy services' and we were

able to use our unique approach to delivering

procurements to advise the client on both legal

and more practical project issues.

Centostazioni S.p.A. (managers of mid-sized

Italian railway stations): advising on the drafting

of public tender documents and management of

public tender procedures for the awards of works

and services to private contractors. The assistance

also included litigation before administrative

courts.

Centostazioni S.p.A. (managers of mid-sized

Italian railway stations): advising a project

concerning the commercial development of

Italian railway stations.

Clare County Council and Limerick

University: advising in connection with the

securing of a designation of a 325 acre site as a

Strategic Development Zone and running an

international procurement procedure to identify

and appoint a developer to design, fund and

deliver Europe's newest University Town. The

project will seek to deliver a permanent

population base of in excess of 20,000 people

within ten years and will provide a full range of

living, working, amenity, social, cultural and

recreational spaces along with all other facilities

required for permanent living. This has been

identified by President Macron of France as one

of the EU's key upcoming projects.

Confidential client: Advising on the

structuring of a project for fossil free steel

production

Consortium formed by Demathieu et Bard for

the award of a partnership agreement relating to

the financing, design, construction, renovation

and maintenance of the Copernic building of the

Paris Est Marne-la-Vallée University

Crédit Foncier de France and Caisse

d’Epargne et de Prévoyance Nord France

Europe, lenders of the company CS Lille

Partenariat for the financing of a partnership

agreement relating to the financing, design,

construction, renovation and maintenance of

buildings of the Lille University (Projet recherche

- Cité Scientifique)

Crédit Foncier de France and Caisse

d’Epargne Languedoc-Roussillon for the

financing of an administrative bail emphytéotique

relating to the renovation of twelve police stations

in the Gard Department

Département de l’Aisne for the award of a

partnership agreement relating to the partial

financing, design, construction, and maintenance

of a building to store the archives, a library and

other services of the department located in the

Parc Foch in Laon

Département du Nord for the award of a

partnership agreement regarding to the financing,

design, building, renovation, reorganisation and

technical maintenance of a building and its

surrounding area within the context of an

operation of reorganisation of the services of the

Department in a single site in Lille

Department of Health: advising the UK

Government on the privatisation of its Bank Staff

Business. Although, as a privatisation, this

06 & Selected infrastructure experience

arrangement may not have been strictly subject to

procurement regulation, we advocated that the

Department follow the principles of those rules in

order to ensure best value for the taxpayer and

avoid legal challenge on other grounds. We also

successfully "shadowed" the procedures set out in

the procurement rules, as a tried and tested

method of securing the best outcome and

identifying the right purchaser.

European Space Agency: on potential

procurement routes and structures for the new

Government Satellite Communications

(Govsatcom) programme, an EU project to

provide a secure and reliable communications

system for Member States using innovative

satellite options.

Government of Germany: involved in the

German Government’s initiative to introduce a

nationwide standardized PPP-contract model for

A-Modells.

Highways Agency:

– carrying out a detailed review of the legal basis for

removal of vehicles and loads from the strategic

road network.

– review of the contractual provisions for the

proposed A303 Stonehenge Tunnel project.

– on diversion work under the NRSWA.

– on major arterial roads including A64, M25/M23

widening, A27, A1 (m) toll extension.

Hong Kong subsidiary of a German

railway engineering and management company:

advising on all aspects of a complex dispute,

comprising various litigation, arbitration and

injunction procedures in China and the

subsequent sale of its wholly-owned HK

subsidiary for the settlement dispute.

Involved in and assisted with the preparation and

review of the RFP to appoint a Charging

Service Provider to implement Electric Vehicle

Charging Infrastructure in Singapore.

Isavia: the Icelandic state-owned airport at air-

traffic control services operator on various

procurement processes under the EU Utilities

Directive, including a negotiated procedure for

the procurement of explosive detection systems

and a concession arrangement for a third party

business lounge.

Land Transport Authority: acting as legal

counsel to in Singapore, including review of

contracts, claims against contractors and

suppliers, advising on issues on industrial floor &

systems and IT security collaborations.

Land Transport Authority: advising in

respect of disputes for damage to Marina Costal

Expressway, Singapore.

Major private transportation company:

assistance for the constitution of a joint venture

with a state owned company for the operation of

bus lines between Charles de Gaulle airport and

Paris.

Saur for the award of a concession of public

service relating to the financing, construction and

operation of a water treatment plant in Port

Grimaud

SK Global Chemical: Advising SK Global

Chemical on the acquisition of the Spanish asset

of Dow Chemical Company in Tarragona

Société Générale and AUXIFIP for the

structuring and the financing and refinancing of

public initiative very high speed communication

networks within the context of a portfolio of

public service delegation agreements (2016)

Société Générale within the context of

amendments to the finance documentation to

implement in the context of the acquisition by

Caisse des Dépôts et Consignations of a minority

stake in the share capital of the company holding

the concession agreement of the very high speed

communication network (THD) of the

Department of Seine-et-Marne

Socogetra S.A (amongst top four road builders

in Belgium): regular advise on several issues

including construction liability, public tender

offers for construction of roads and rail track and

corporate, commercial issues.

SPV on a number of major roads projects

in NI and in Ireland

Starshipper: advice for the purpose of the set-

up of a joint venture with Ouibus

Suez Group for the award of a concession of

public service relating to the financing,

construction and operation of a waste treatment

plant in Djerba

Swedish network operator: Advice

concerning a complex contractual structure

including connection and transmission of

electricity, underground cables, intercom and

Selected infrastructure experience & 07

maintenance related to a large data centre in

Luleå, Sweden.

Swiss Bidder: advice in relation to the National

lorry toll project in Germany.

Taylor Woodrow Construction Ltd: dealing

with disputes arising from the construction of a

substantial transport interchange in the North of

England.

Telecom Italia: assisting with participation and

litigation of public tenders launched by national,

regional and local administrations, concerning

the supply of 3G comms and IT. Our advice

covered several tenders awarded by publicly-held

companies active in the rail and metro rail sectors

(Metropolitana Milanese S.p.a. and Busitalia

S.p.a.).

Terrafirma:



road network.






The Christie NHS Foundation Trust: on

procuring a new patient entertainment and

information platform. The system was considered

truly innovative and was procured through the

new Innovation Partnership procedure set out in

the Public Contacts Regulations 2015. This was

only the third such procurement in the whole of

the EU.

The Company Foyalaise des Transports

Urbains for the renegotiation of a public service

contract

The consortium formed by NGE and Altitude

for the award of a public service delegation

relating to the financing, design, construction and

operation of a high speed communication

network in Ardennes, Aube, Marne, Haute-

Marne, Meurthe-et-Moselle, Meuse and Vosges

(Grand-Est)

The Italian Automobile Cloud: assisting in its

IT infrastructure renewal program, in the

transformation of its off-line services into digital

and connected services, development of a

program to digitize its emergency road assistance

services.

The public entity La Réunion des Musées

Nationaux et du Grand Palais des Champs

Elysées in the context of the financing of the

refurbishment of the Grand Palais in Paris

The Société Publique Locale Transport de

Martinique for the monitoring of a partnership

agreement relating to a dedicated site public

transport project

Thomas Brothers: procurement advice in

relation to the A5 trunk road upgrade.

Travequerung Lübeck (F-Modell): advised

the German bidder consortium in relation to

Germany’s first road concession project.

UK Contractors: extensive contract and dispute

work in relation to the construction of a large

number of roads, motorways, tunnels and bridges

in the UK, including:



road network.






Various contractors and sub-contractors:

numerous government procurement proceedings

for road construction in Germany, containing

standard contract terms.

‘The partners and associates are

highly engaged and always

client-facing, with a good

overview of the market. Their

international connections shape

and augment the London

offering.’

Legal 500 2020

Selected rail experience & 09

Europe

A German manufacturer and supplier of

equipment for rail customers: advising on

the review of and providing comments on

supplier’s warranty and indemnity with the

Government linked company to manufacture,

supply, deliver and/or install certain materials for

Mass Rapid Transit Project at Lembah Klang:

Jajaran Sungai Buloh – Klang.

Abellio - RRX: Advice leading to the award in

the tender procedure regarding public

transportation services within the German

“Rhein-Ruhr-Netz”, one of the biggest

infrastructure projects in the European regional

transportation sector.

Bombardier: Legal advice and supervision of a

review procedure concerning a major

procurement procedure regarding the

construction and delivery of rail vehicles for the

suburban railway network of Berlin.

Telecom Italia: assisting with participation and

litigation of public tenders launched by national,

regional and local administrations, concerning

the supply of 3G comms and IT. Our advice

covered several tenders awarded by publicly-held

companies active in the rail and metro rail sectors

(Metropolitana Milanese S.p.a. and Busitalia

S.p.a.).

Centostazioni S.p.A. (managers of mid-

sized Italian railway stations): advising on

the drafting of public tender documents and

management of public tender procedures for the

awards of works and services to private

contractors. The assistance also included

litigation before administrative courts.

Centostazioni S.p.A. (managers of mid-

sized Italian railway stations): advising a

project concerning the commercial development

of Italian railway stations.

Asia Land Transport Authority: acting as legal

counsel to in Singapore, including review of

contracts, claims against contractors and

suppliers, advising on issues on industrial floor &

systems and IT security collaborations.

Land Transport Authority: advising in

respect of disputes for damage to Marina Costal

Expressway, Singapore.

Hong Kong subsidiary of a German

railway engineering and management

company: advising on all aspects of a complex

dispute, comprising various litigation, arbitration

and injunction procedures in China and the

subsequent sale of its wholly-owned HK

subsidiary for the settlement dispute.

Selected rail experience

10 & Get in touch

Stuart Cairns Partner

Tel: +442079826439 [email protected]

Pierpaolo Mastromarini Partner


Conrad Purcell Partner


Boris Martor Partner


Sandra Seah Partner


Coral Yanez Partner


Hamish Fraser Partner


Ronald Hendrikx Partner


Peter Dann Jørgensen Partner


Dr. Matthias Lang Partner


Get in touch

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Infrastructure/media/pdfs/brochures/...projects to achieve successful outcomes. We draw on our experience to define the new ways of working we believe are required to successfully