Settlement of disputes of build, operate and transfer contracts in specialized ports(A study of the Kuwaiti Company DEPCO and Damietta Ports Authority Case)
Eman Algamiel
Private Law- - Law - Arab East University
Abstract
Under the current circumstances of the world countries, especially the developing countries, which generally seek to attract foreign investments because of the direct and effective impact in accomplishment the economic development, these countries are racing to provide facilities & guarantees to investors in order to encourage them to invest inside these countries and to grant them the required privileges. These required guarantees by the investors include settlement the disputes arise between them and between the State or any of its bodies through the arbitration system, because of the advantages of this system adjustable to the nature of these disputes and fulfillment the needs of the investor, and the actual and undeclared aim of the arbitration system is to exclude the law of the State. The first thing that comes to the mind of the foreign investor and desires when investing his money inside a foreign country, is his knowledge of the legal and judicial procedures of the host country, and the extent of the possibility to be governed by its internal law or nor, to settle the disputes arise between himself and between the attracted country for investment. Due to the malformations suffered by the economic environment of the developing countries, they have to build gradual policies to enable them to change the economic type for progress to levels to enable them to avoid the passive impacts that surrounded them across from identification specific techniques, the most important techniques that may be transfer the economy of the country to the economy of the legal automatic free market is representing in usage the contracts of build, operate and transfer . This type of contract enables the government to provide a new service to the audience without payment the cost of this service, whereas the contractual party with the government, shall provide the capital, construct and operate the facility for a long term based on a contract agreement according to commercial foundations that grant the investor, the possibility to collect the paid capital in construction the facility and accomplish a profitable profit. With regard to the research study, we focus on the multilateral arbitration agreement included in the investment contract as a primary topic, which includes a scope of agreement in the first research requirement, and for the arbitration condition by referral to a second requirement, the research also includes a review of the Kuwaiti Company DEPCO case with the Egyptian Damietta Ports Authority, and in the second topic, we study the settlement of disputes of the build, operate and transfer contracts with regard to the degree of eligibility of it to arbitration and the applicable law.
Keywords
Settlement disputes
