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Globalisation and New International Public Works Agreements in Developing Countries: An analytical perspective

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ISBN13: 9781409427964
Published: November 2011
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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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 contract 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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Subjects:
Construction Law
Contents:
Foreword, Humphrey Lloyd
Preface
Cultural and legal globalization - social and legal phenomenon
Definition of international public works agreements
Legal nature of international public works agreements
PPPs in developing countries
Globalization and enhancements to state procurement legislations in terms of contract price (Egypt's case study)
Performance of the contract and parties' obligations
Penalties in international public works agreements
Penalty for delay
Obstruction encountering performance
Application of ADR
Definition of arbitration in international public works
Characteristics of international public works disputes and arbitrators
Multi-party arbitration in international public works agreements
Mechanisms of disputes settlement in international public works agreement
Annexes
Index.