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The US-Israel Legal Review 2019 39
finance agreements).
The Lenders and the State usually strive
to address certain risks by such measures, for
instance, entering into a direct agreement as
between the State, the Lenders, and the EPC/O&M
Contractors; supervising the project’s progress
by appointing a project manager on behalf of the
State and a Technical Advisor on behalf of the
Lenders; implementing a “Step-in rights” within the
Agreements with the Concessionaire and proxies
(under the Financing Agreement in respect to the
Lenders and the Concession Agreement in respect
to the State); requiring from the Concessionaire
autonomous bank guarantees throughout the
duration of the projects; assignment rights, etc.
Deal with the Expected and Prepare for the
Unexpected:
In order to ensure a proper risk allocation it is
strongly advised to consult with professionals in
the field to mitigate any potential risks (which
can mostly be anticipated in advance); conduct
a professional examination of the Concession
Agreement and risk identification; submit
clarification requests already at the tender stage
with respect to the Concession Agreement;
perform qualitative analysis of professional, legal
and commercial needs; conduct management and
risk assessment under legal constraints, proper
definitions of the key terms (such as the “Force
Majeure”) and the remedies, and risk management
during the project.
n
Please note that this paper contains a general overview
only and shall not be deemed to constitute legal advice.
APM’S INFRASTRUCTURE, ENERGY AND
PROJECT FINANCE DEPARTMENT
Amit Pollak Matalon & Co. (APM& Co.) is a renowned
Israeli law firm with a robust local and international
legal practice, and desks in Australia, Singapore,
China and India. The firm’s comprehensive legal
advice supports Israeli and international clients
spanning all business sectors. APM & Co.’s primary
areas of expertise are: corporate law; high-tech;
infrastructure, energy and project finance; fund
formation; mergers and acquisitions; capital markets
and securities; intellectual property; international
and local taxation; finance; antitrust; bankruptcy,
liquidation and reorganization; real estate; labor law;
regulatory and compliance; environmental law; and
litigation.
Our Infrastructure, Energy and Project Finance
department, headed by Adv. Nadia Davidzon,
has accumulated significant experience in
local and multinational projects on behalf of an
extensive roster of corporations, conglomerates,
partnerships,
entrepreneurs
and
financial
institutions. We specialize and have immense
experience in structuring, development, financing,
and construction of infrastructure, transportation
and energy projects, including, in particular, Build–
Operate–Transfer (BOT) and Private Finance
Initiative (PFI) projects.
ABOUT THE AUTHOR
Nadia Davidzon
, a partner and the head of APM
& Co.’s Infrastructure, Energy and Project Finance
department, was chosen in2018by
Globes
Magazine
as one of the 40most promising young professionals
(under 40). Adv. Davidzon was selected in this list
as an outstanding attorney specializing in the field
of infrastructure, energy, project finance and PPP
projects in particular, successfully representing
leading foreign and local entities in the most
complex large-scale international projects. She
is the author of various articles published in the
leading newspapers in the field of infrastructure
and energy.
Adv. Davidzon represents leading Israeli and
foreign companies, multinational consortiums
and financiers in large-scale projects across Israel.
She provides continuous legal advice to the firm’s
clients with respect to all legal aspects pertaining
In order to ensure a proper risk
allocation it is strongly advised
to consult with professionals in
the field tomitigate any potential
risks (which canmostly be
anticipated in advance).