Globalization and New International Public Works Agreements in Developing Countries: An Analytical Perspective

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Routledge, 22 abr. 2016 - 316 páginas
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This book scrutinizes the new legal nature and stipulations of International Public Works Agreements and provides an in-depth analysis of new forms of infrastructure agreements which have been created in developing countries, such as PPPs. The volume also examines the direct impact of the new legal environment upon infrastructure transactions such as dispute resolutions and ADR mechanisms, in particular, arbitration. It provides an analytical perspective on international public works agreements in developing states in the light of ICC rules of arbitration and FIDIC forms of contracts. As globalization significantly influences le contrat administratif in civil law legal culture, this book examines the legal cultures of civil and common law from a comparative perspective. The author argues that harmonization and integration of the two cultures, in infrastructure agreements, are the way forward. The book will be a fundamental guide for researchers and academics working in this area as well as judges, lawyers and international arbitrators in both common law jurisdictions and civil law legal systems.
 

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Índice

1 Cultural and Legal Globalization
1
2 Definition of International Public Works Agreements
9
3 Legal Nature of International Public Works Agreements
23
4 PPPs in Developing Countries
37
5 Globalization and Enhancements to State Procurement Legislations
67
6 Performance of the Contract and Parties Obligations
79
7 Penalties in International Public Works Agreements
93
8 Penalty for Delay
107
12 Definition of Arbitration in International Public Works Agreements
149
13 Characteristics of International Public Works Disputes and Arbitrators
177
14 Multiparty Arbitration in International Public Works Agreements
189
15 Mechanisms of Disputes Settlement in International Public Works Agreements
195
Annex 1
211
Annex 2
235
Annex 3
255
References
273

9 Obstruction Encountering Performance
117
10 Alternative Dispute Resolution ADR
135
11 Application of Alternative Dispute Resolution ADR
143

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Sobre el autor (2016)

Mohamed A.M. Ismail is a Vice-President of the Egyptian State Council (Conseil d'Etat), Judge at the Court of Appeal (Contracts Circuit), Fellow of the Chartered Institute of Arbitrators (UK), Visiting Professor and PhD examiner in the Egyptian Universities in International State Contracts and Arbitration, particularly on infrastructure projects, Lecturer at the Cairo Regional Centre of the International Commercial Arbitration (CRCICA) and Arbitrator in the International Construction Contracts disputes particularly International Public Works Agreements. Dr Ismail was formerly a Senior Legal Advisor of HE the Egyptian Minister of Petroleum and represented the Egyptian Government in the state international business transactions in the Oil and Gas industry, especially in the UK with distinguished law firms such as Shearman Sterling the international counsel to the Egyptian government. He was a Senior Legal Advisor of HE the Egyptian Minister of Trade and Industry and formerly a Senior Legal Advisor of the Investment Sector in Egypt and represented the Egyptian government at the United Nations Conference on Trade and Development (UNCTAD), Geneva, for the Bilateral Investment Treaties (BITs) negotiations when developing states were involved. Dr Ismail is the recipient of the prestigious State Prize for Academic Legal Research - from the government of the Arab Republic of Egypt - 2011/2012.

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