ABSTRACT
This chapter assess the effectiveness of arbitration as a dispute resolution mechanism as applied in PPPs through the respective MENA countries’ legislative fora and evaluates the compliance and enforcement issues and the ability of the respective parties in PPP arbitration to resolve PPP disputes outside the judicial system of the respective MENA countries’ courts. The chapter provides an in-depth analysis of the legislative restrictions upon the contracting parties in PPP arbitration in Egypt, Kuwait, and Dubai legislation. PPP contract disputes assume that a dispute may arise between the project company on the one hand and the contracting state on the other. Therefore, private-public arbitration has special significance in this context. This chapter provides an in-depth and clear analysis of the subject matter. Using a chronological order, it answers the questions of: how the Egyptian legal system looks at private-public arbitration? How is the public interest protected in private-public arbitration, particularly in PPP transactions?
This chapter is an attempt to provide an analysis of private-public arbitration in the Egyptian legal system, before and after 1994. Before the promulgation of the Arbitration Act in Egypt in 1994, there was considerable debate concerning private-public arbitration following the legislative prohibition, as a general principle, in Article 2060 of the French civil code. This chapter underscores special difficulties in private-public arbitration in relation to PPP arbitration. It answers the question of whether PPP contracts are administrative contracts and they are subject to the legislative restrictions to obtain governmental consents before recourse to arbitration or not.
