Port-au-Prince, Haïti, May 2013.
PPP Workshop IADB/IFC- Port-au-Prince - Haiti June 2015
Roseau - Dominica - March 2014
Haïti
"The Ins and Outs of PPP Laws and Policies" Panel - Forum PPPAmericas 2015 - Punta del Este - Uruguay - April 2015
Katmandou - Nepal
Bagrezone - Burkina Fasso - May 2013
Burkina Fasso - May 2013
EKWA Consulting is a law firm created in 2007 with a great expertise in questions relating to the legal and regulatory aspects of structured finance relating to construction projects and infrastructure management, procurement and public-private partnership arrangements in Latin America and in the Caribbean, in Africa as well as in Europe. The lawyers and collaborators of EKWA Consulting have developed a great expertise in the assessment of the legal and institutional environment, the drafting of laws and regulations, risk analysis, the drafting and preparation call for tenders files as well as the drafting and negotiation of partnership agreements dealing with the participation of the private sector in the development of network industries (water, electricity, transport, renewable energies, telecommunications).
Our expertise has been built on the basis of our experience acquired through numerous advisory and assistance missions to government institutions and companies on a wide range of issues related to the economic and social development of emerging countries. Since its inception, EKWA has provided advice and support to many governments and international donors, including the African Development Bank, the Inter-American Development Bank, the World Bank, the ECOWAS Bank for Reconstruction and development as well as the European Union.
EKWA Consulting has also assisted private promoters in the feasibility and structuring of their investment projects in the field of renewable energies and mobile banking in Africa (Burundi, Kenya, Madagascar, Chad, etc.) and within the Caribbean region (Puerto-Rico, Dominican Republic).
Throughout these missions, EKWA experts have acquired a clear vision of the challenges facing developing countries in the provision of infrastructure and basic public services by developing legal and institutional mechanisms promoting the involvement of the private sector and the participation of the communities concerned.
EKWA Consulting has recognized expertise in the development and contractual arrangement of PPPs, based on long experience in setting up institutional and regulatory frameworks applicable to PPPs as well as supporting public authorities and private operators throughout the project cycle of partnership agreements.
In addition, the members of the Ekwa team have, for more than 20 years, developed some training programs and modules relating in particular to PPPs, international contracts and risk management intended for executives of government institutions, parliamentary committees as well as for other stakeholders in the private sector (intermediary organizations, private industrial groups, etc.).
EKWA Consulting has positioned itself in recent years as a key player in the provision of legal services in Latin America and the Caribbean, Africa as well as Europe. Its associates have significant experience in Latin America and the Caribbean as well as in Africa, and in-depth knowledge of the legal and economic environment, the business climate and policies to promote private investments undertaken in certain regions of these continents, including in the Latin America and Caribbean – LAC region (AEC, CARICOM, CARIFORUM, OECS).
The partners and collaborators of EKWA Consulting are lawyers and economists graduated from prestigious universities such as Harvard (USA), Oxford (UK) and La Sorbonne (France). Our network of partners around the world also allows us to offer a unique combination of local and international expertise covering a wide range of legal, technical and economic fields.
A broad range of services
The main activities of our firm are concentrated in the following fields of expertise:
Legal aspects of structured finance and project finance (PPP, public service delegation, concession, leasing, operation and performance agreement, BOT, BOO)
Legal feasibility, risk analysis and setting up of the contractual aspects of PPP, including the writing, the negotiation and the implementation of public service delegation contracts (PSDC), PPP, concessions, leasing, operation and performance agreement, partial decommitment of the State (DFBO, BOT, BOO) including all related contracts: construction contracts (EPC – Engineering, Procurement and Construction), Operating and Maintenance Contracts (O&M), supply contracts, electricity buying contracts (PPA – Power Purchase Agreements) and tariff agreements;
The analysis of legal and institutionals aspects of privatization and State decommitment; the elaboration and setting up of call for tender processes (pre-qualification, evaluation criteria definition, selection of the successful tenderer and negotiation);
Establishment of guarantees and bank and industrial guarantees, delegation and assignment of receivables, pledge, escrow accounts, subordination agreement;
Definition of risk management and prevention procedures.
Business Law and International Contract Law
International Investment
Training and capacity building
Design and conduct of training programs on legal aspects of project finance, legal risks in international contracts, international sale of goods and alternative dispute resolution mechanisms.
Mobile banking regulation / ICT / financial inclusion
AGRICULTURE
AND
AGRI-BUSINESS
ENERGY
AND
ENERGY SUPPLY
RENEWABLE ENERGIES : BIOGAS, HYDROELECTRICITY, GEOTHERMIA, SOLAR AND WIND ENERGY.
MOBILE BANKING
AND
FINANCIAL INCLUSION
TRANSPORTATION: AIRPORTS, ROAD TRANSPORT, RAIL, PORTS AND WATERWAYS
ENVIRONMENT AND SUSTAINABLE DEVELOPMENT
WATER AND WASTE MANAGEMENT
Since November 2021, EKWA Consulting and its partner HYDROCONSEIL have been awarded a contract on behalf of the French Development Agency (AFD), for the realization of an assistance mission for the transition and convergence phase of the Syndicat Mixte de Gestion de l'Eau et de l'Assainissement de Guadeloupe (SMEAG). On this mission, EKWA Consulting and HYDROCONSEIL mobilize a team of multidisciplinary experts (lawyers, water and sanitation engineers, HR, GIS, IS, finance, DSP), based both in Guadeloupe and in France.
EKWA Consulting leads Institutional, Technical and Economic feasibility study for the development and implementation of tidal and wave energy projects in the Eastern Caribbean region
EKWA Consulting and HYDROCONSEIL are awarded the contract to accompany SMEAG in Guadeloupe.
EKWA Consulting accompanies Guadeloupean local authorities towards the protection of biodiversity through the TEN label.