LEXPERT MAGAZINE
|
MAY 2018 41
| INTERNATIONAL PROJECTS |
completed by a certain date because the
client is paid aer the commissioning. If
construction is delayed because of exter-
nal events, the private partner has to be
indemnified because they can't meet obli-
gations. So aer the nuclear test, "now we
of an indirect impact on the supply of ma-
terial, the financing or the general political
environment in the region."
Massicotte, who has done a lot of work
in sub-Saharan Africa, says there are many
other types of risk as well as this type of
geopolitical risk: there is regulatory risk,
authorization risk, administrative risk and,
again, the risk you don't know about yet.
Ilan Dunsky, national co-chair of Den-
tons Canada LLP's Infrastructure and
had to negotiate the
supervening-events
clauses. What hap-
pens if the interna-
tional community
decides to establish an embargo against
Pakistan and it has an ancillary effect on
India? It's a question of risk assessment.
Had an embargo or sanctions been placed
on Pakistan it could have delayed the In-
dian mega projects or raised costs because
JOHN SABINE
>
BENNETT JONES LLP
"Mineral grades are huge, there's an
abundance of copper, most metals,
particularly in Africa right now — Congo
in particular — has a tremendous amount
of cobalt; about 70% of the world's
production comes from Africa," Sabine
says. "So what you're trading off is the
accessibility to high-grade large resource
projects in exchange for the peripheral
things you wouldn't normally expect in
Canada or the United States where we
have the rule of law, a ban on corruption
and we have transparency."
