Presentations

Opening or Closing Gates? Market Access in Global Infrastructure Construction: Between Openness and Strategic Protection

Is construction truly a global business? To what extent does the current geopolitical landscape shape market access policies in the infrastructure sector? And what are the prospects for international construction companies aiming to participate in large-scale infrastructure and energy projects?
This session aims to explore how national and international frameworks regulate – and increasingly reshape – access to construction markets. Particular attention will be given to major construction economies such as India, China, other key Asian markets, the United States, and Europe. The session will address the evolving balance between openness and strategic protection in publicly driven infrastructure development, focusing on the following key issues:

  • International trade agreements regulating market access for construction companies, with particular emphasis on the WTO Government Procurement Agreement (GPA) and its scope of coverage;
  • Domestic legal frameworks and policies that influence access to national infrastructure markets;
  • Emerging restrictions and protectionist policies affecting foreign participation in public construction projects;
  • Local content requirements, including both direct and indirect legal instruments designed to protect domestic construction companies;
  • Impact on supply chains in the construction sector, particularly how protective policies affect subcontractors, suppliers, and cross-border cooperation;
  • Competition law considerations, including the implications of restricted market access on fair competition and market dynamics;
  • Security as an increasingly growing factor in energy and infrastructure projects.

Presenters

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Mirella Lechna-Marchewka

Attorney-at-law, Managing Partner, Wardynski I Wspolnicy Sp.k.

Warszawa

Mirella Lechna-Marchewka is an attorney at law and managing partner at Wardyński & Partners.

She graduated in law from the Adam Mickiewicz University in Poznań, completed a postgraduate course on the Washington CITES Convention, and postgraduate studies in environmental protection. After completing a Master of Law degree in Public Procurement Law, in 2019 she started a PhD at the Faculty of Law at the University of Nottingham.

Most of her professional career has involved work in the public procurement field, such as: developing public infrastructure, in particular transport infrastructure, implementation of construction contracts, energy, defence, public-private partnerships, environmental protection and waste management. She also coordinates the firm’s Korean Desk and Chinese Desk.

Mirella is a co-chair of the International Construction Projects committee of the Inter-Pacific Bar Association, a member of the Council of the PPP Centre Foundation, and a founding member as well as a board member of the Public Procurement Law Association.

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Katarzyna Kuzma

Partner, Domanski Zakrzewski Palinka – DZP

Warsaw

Shweta Bharti

Shweta Bharti

Managing Partner, Hammurabi and Solomon Partners
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Anna Weinberger

Associate, Taft Law

Chicago

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Jeremy Iloulian

Counsel, Crowell & Moring Llp

Chicago

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Ashih Suman

Partner, JSA Advocates & Solicitors
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Ramesh Vaidyanathan

Senior Partner, Btg Advaya

Mumbai