Our London office (Holborn Gate, 330 High Holborn, London, WC1V 7QH, England) regularly advises international sponsors, lenders and multilateral agencies on cross-border infrastructure work. Projects described as Government‑to‑Government (G2G), public–private partnerships (PPP) or non‑PPP transactions raise overlapping commercial, sovereign and regulatory issues. The summary below highlights the principal legal considerations for teams working on or advising about projects in Bangladesh without providing jurisdiction‑specific legal advice.

Overview of transaction types and legal implications

G2G arrangements typically involve intergovernmental agreements, diplomatic negotiations and elements of state‑to‑state finance or concessional support. PPPs involve long‑term contracts between a public authority and a private party (or consortium) and are characterised by performance obligations, availability or demand risk allocation, and significant allocation of construction, operation and maintenance responsibilities. Non‑PPP projects are state or privately financed without a formal PPP framework but still require careful contracting to secure land, permits and operation licences.

Key legal considerations for cross‑border advisers

• Scope and enforceability of governmental commitments: review the legal basis for any sovereign guarantee, concession or sovereign support and ensure instruments are properly authorised and enforceable against the relevant public entity.
• Regulatory and permit risk: confirm which local licences, environmental approvals and land rights are required and the processes for obtaining and amending them, noting parallel compliance obligations under applicable international finance or export credit requirements.
• Procurement and challenge risks: assess procurement rules, the risk of bid challenges and remedies, and procedures for unsolicited proposals where relevant.
• Local law vs international arbitration: choose dispute resolution and governing law terms that balance enforceability with lenders’ and sponsors’ need for neutral fora; consider enforceability of awards and any carve‑outs for sovereign immunity.
• Sanctions, anti‑corruption and AML: ensure robust due diligence on counterparties, layered compliance controls and contractual representations and warranties to address bribery and sanctions exposure.

Contracting, financing and security

Project documentation needs to align commercial risk allocation with available legal remedies. Key documents include concession or project agreements, construction and O&M contracts, EPC wrap arrangements where suitable, offtake agreements and financing documents. Security packages should be tailored to cross‑border enforcement realities and can include assignment of revenues, pledges over project accounts, step‑in rights and political risk mitigation through multilateral guarantees or export credit support. Early engagement with potential lenders and political risk insurers will influence deal structure and documentation.

Practical checklist for international counsel

1. Confirm which law governs the principal project documents and test enforceability of remedies in both the chosen forum and the project jurisdiction.
2. Instruct reputable local counsel for statutory, land and permitting assessments; coordinate opinion scope early.
3. Map out procurement timelines and challenge windows; build contingency pricing and time buffers.
4. Conduct layered due diligence (corporate, sanctions, beneficial ownership, anti‑corruption) on counterparties and connected parties.
5. Secure political risk mitigation where needed (sovereign guarantees, multilateral/ECAs, political risk insurance).
6. Design dispute resolution and enforcement strategies aligned to financiers’ requirements and sovereign immunity limitations.

Jurisdiction and sources

• UK Government (gov.uk) — guidance on export finance and international projects
• World Bank — PPP knowledge and project finance resources
• UNCITRAL — model laws and arbitration texts
• ICSID — investment treaty and arbitration information

Advising on G2G, PPP and infrastructure projects in emerging jurisdictions requires an integrated approach combining cross‑border transactional expertise, local law input and careful commercial risk allocation. Early, multidisciplinary planning reduces execution and enforcement risk.

General information only; not legal advice and not a substitute for advice on a particular matter.