ADD.GOD.755.20 Telecoms Credentials
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INTERNATIONAL RAIL A Global Team of Industry Experts THE UK WAS THE FIRST COUNTRY IN THE WORLD TO SET UP PASSENGER RAIL FRANCHISE CONTRACTS IN 1996. LEADING ADDLESHAW GODDARD’S LAWYERS HAVE BEEN AT THE FOREFRONT OF THIS PROGRAMME FOR MANY YEARS. THE WAY NOW THE FRANCHISING MODEL IS SHIFTING AGAIN. RAIL SERVICES ARE ADAPTING TO CHANGES IN DEMAND, TECHNOLOGY AND FINANCING. ADDLESHAW GODDARD IS WORKING ALONGSIDE THE REGULATORS, TRAIN OPERATING COMPANIES AND FINANCIAL INVESTORS TO SUPPORT AND ADVISE THROUGH THIS TIME OF TRANSFORMATION. We are an extensive full service Our clients include government rail team working across multiple departments such as DfT, infrastructure jurisdictions across the globe advising managers such as HS1 Limited and public and private sector clients across Network Rail, manufacturers such all aspects including: as CAF and Hitachi Rail, financiers including Eversholt Rail and SMBC z Rail passenger concessions whom we advise on a full range of legal services from procurement, to funding z Infrastructure projects and finance, all aspects of contract and corporate law and dispute resolution. z Rolling stock manufacture and finance This is a snapshot of our expertise. z Rail regulation z Freight haulage CONTENTS PASSENGER THE FUTURE OF INFRASTRUCTURE CONNECTING CONCESSIONS FRANCHISING COUNTRIES ROLLING STOCK PIONEERS IN BUILDING A RAIL REGULATION MANUFACTURE COMPLEX FINANCE SUSTAINABLE AND FINANCE LEASING FUTURE IN RAIL IMPLEMENTING FREIGHT ENVIRONMENTALLY ABOUT AG A NEW REGULATORY HAULAGE FRIENDLY WAGONS REGIME PASSENGER CONCESSIONS DEPARTMENT FOR DEPARTMENT FOR NETINERA KEOLIS – AMEY TRANSPORT TRANSPORT DEUTSCHLAND GMBH CONSORTIUM Advising the DfT on the West Advising the DfT on the Advising in relation to all Advising the consortium on their Coast Partnership procurement competitive procurement of the concessions operated by Netinera successful bids for the O&M West Midlands passenger rail Deutschland GmbH including its concessions on both Docklands franchise German subsidiaries Light Railway and Manchester Metrolink RATP DEV TRANSDEV – RATP QATAR RAIL TRANSPORT FOR Advising the consortium on DEV CONSORTIUM Advising the bidding consortium LONDON the bid for the Dubai Metro Advising the consortium on for Qatar Rail on risk allocation Advising Transport for London on O&M Concession the bid for the Dublin North and risk management strategies the initial concept for the London Concession Rail concession THE FUTURE OF FRANCHISING THE PROJECT OUR ROLE MAKING A DIFFERENCE Addleshaw Goddard’s rail team advised the DfT On this highly bespoke project, our role Key to the success of this project was on the landmark West Coast Partnership (WCP) included planning and structuring the seamlessly working with the DfT and in franchise competition which included operation Partnership, beginning with a detailed feasibility collaboration with their other advisers on of West Coast and HS2 services. assessment for the initial proposition to the detailed solutions for the strategic issues combine HS2 and the Inter City West Coast that had been identified, implementing services and reviewing the procurement them in practice by preparing the ITT and challenges that this would pose (along with all franchise agreement which led to an effective of the other legal considerations). competition. We worked as part of a joint DfT/HS2 Limited team to devise a way for the parties to work together through the life of the Partnership. The provisions we drafted ensure information flows effectively between them and any issues that may arise are addressed quickly and effectively, minimising disruption to passengers. INFRASTRUCTURE TRANSPORT FOR NATWEST BANK LONDON LUTON AIPORT DAVENTRY LONDON Advising NatWest regarding Advising London Luton Airport INTERNATIONAL RAIL Advising Transport for London the financing of rolling stock on the £200 million Direct Air to FREIGHT TERMINAL on the power upgrade for the maintenance workshops located in Rail Transit (Luton DART) system Advising the developers on Piccadilly line Germany which will transport passengers the UK’s largest intermodal rail between Luton Airport Parkway freight logistics centre on its station and the airport rail regulatory and track access arrangements NETINERA QATAR RAIL LONDON ELECTRICITY DB INTERNATIONAL DEUTSCHLAND GMBH Advising Qatar Rail in connection Advising on the provision of the LED CONSORTIUM Advising Netinera Deutschland with the QAR327m joint venture private electricity distribution Advising on the bid for the GmbH and its German subsidiaries with an international operator system to supply power to HS1 Kenya-Uganda standard gauge regarding the sale of repair shops for investment in transportation railway project in Africa and infrastructure related projects technologies in Qatar CONNECTING COUNTRIES THE PROJECT OUR ROLE MAKING A DIFFERENCE At 18km long and €5bn in value, the Working for the Danish Government owned This project required flexibility and real Fehmarnbelt Tunnel is one of Europe’s biggest company, Femern A/S. we helped design imagination. After many years of legal infrastructure projects. Once completed it will the bidding process to select contractors. groundwork, construction of the tunnel finally be the longest immersed road and rail tunnel in The sheer size of the project meant several commenced in 2020 with completion targeted the world, creating a new link between Denmark construction contracts were let, with bidders for 2028. We know a long road (and plenty and Germany. But getting the work off the comprising consortiums from around the world. of legal legwork) lies ahead – but there’s ground (or under the sea) has been a hugely AG prepared bespoke contracts, including definitely light at the end of the tunnel. complex legal challenge. mechanisms to ensure different contractors work collaboratively. The contracts are in English, and clarity of expression was key, given the involvement of parties from many different jurisdictions. All contracts have also been designed to “speak to” each other – using the same provisions for ease of contract management in case future disputes involve several contracts – despite the diverse subject matter ranging from dredging to concrete production to electrical installations. ROLLING STOCK MANUFACTURE AND FINANCE RAIL OPERATIONS SMBC/EQUITIX CAF EVERSHOLT RAIL GROUP GROUP Advising on the c.£1bn financing Advising on the manufacture Advising on over £1bn of new Advising on its framework and acquisition of 4 x new train and supply of a €200m order of rolling stock fleet financings, agreement with Stadler Rail fleets for operation on the Wales & Civity UK DMUs, placed by West under a series of separate Valencia for the purchase of Borders franchise Midlands Trains procurements run by GWR, FTPE (up to) 30 x Class 93 tri-mode and Arriva Rail Northern locomotives, valued at €130m SMBC LEASING EXPORT DEVELOPMENT NETINERA BEACON RAIL Advising on the structured CORPORATION DEUTSCHLAND GMBH Advising on the company’s first investment into the leasing OF CANADA Advising Netinera Deutschland locomotive leasing agreements companies which own the Metro Advising on the financing of 250 GmbH in connection with the in both the UK and Germany de Madrid rolling stock class 66 and class 67 locomotives acquisition of trains under finance and on bidding to lease Vossloh for English, Welsh and Scottish lease structures. Investment locomotives in Norway Railways volume exceeds Euro 1 billion. PIONEERS IN COMPLEX FINANCE LEASING THE PROJECT OUR ROLE MAKING A DIFFERENCE In order to reduce the acquisition cost for We were representing Netinera Deutschland This project is seen as the first project in the financing of rolling stock, the German GmbH as the first provider of transport services Germany in which state guarantees were authorities (Aufgabenträger) in 2012 started to in Germany to accept the offer to financially embedded in highly complex lease structures. include the possibility to support the acquisition support the acquisition of the trains. The We entered new legal territory and created a of rolling stock by offering either public investment volume exceeded EUR 500 million. true piece of pioneer work that served and still guarantees or warranties procuring continued serves as blue print for many other transactions use of the trains upon the termination of the that followed this project. relevant concession. BUILDING A SUSTAINABLE FUTURE IN RAIL THE PROJECT OUR ROLE MAKING A DIFFERENCE In response to the UK Government’s We have advised Hitachi Rail on their Our broad policy understanding and significant commitment to rid the rail network of diesel successful bid for four new-build rolling stock expertise in sustainable transport means we only-powered trains by 2040, Hitachi Rail is procurements worth over £1bn which involved were well placed to advise Hitachi Rail on working to build a more hybrid environment, the supply and maintenance of their innovative achieving their procurement objectives. The investing in more sustainable technologies and bi-mode AT300 trains. bi-mode technology used on Hitachi Rail’s rolling stock solutions. AT300 models means the trains can run as sustainably as possible. They run on electric power wherever the network is electrified, only using diesel power where there are gaps in electrification infrastructure. The modern diesel engines are significantly lower emission than the previous fleets they produced. Crucially, this is cutting carbon dioxide emissions. In addition, their regenerative braking