i-law

International Construction Law Review

TURNKEY CONTRACTING UNDER THE ICC MODEL CONTRACT FOR MAJOR PROJECTS: A MIDDLE EASTERN LAW PERSPECTIVE

MARWAN SAKR

LL B, Master of International and Comparative Laws, LL M, MCI Arb Attorney-at-Law, Partner, Hennaoui & Sakr (Beirut) Avocat à la Cour (Paris)

INTRODUCTION

This paper concerns turnkey contracting under the ICC Model Turnkey Contract for Major Projects. It looks at some aspects of the provisions of the Model Contract from the perspective of some major Arab jurisdictions where some of these provisions may not always be held to be enforceable, or, when due to some of the specificity of Arab legal systems, some legal provisions may override the contractual provisions over which the parties could have agreed. A special reference to the FIDIC rainbow of contracts shall be made where appropriate due to the wide use of these contracts in the Arab Middle East, and to the precedents in relation to situations that arose under FIDIC contracts provisions that are similar to some relevant provisions of the ICC Turnkey Model Contract.
This paper will address the following topics:
  • 1. A brief overview of the sources and origins of Arab legal systems.
  • 2. The time limitations provisions provided for in the Model Contract.
  • 3. The issues related to limitation of liability in case of delay and liquidated damages.
  • 4. Force majeure and hardship related issues.

1. A BRIEF OVERVIEW OF THE SOURCES AND ORIGINS OF ARAB LEGAL SYSTEMS

Arab countries follow in their laws of obligations and other commercial matters1 civil law based on the French tradition with an influence of Islamic Sharia, the importance of which varies from one jurisdiction to another.2


Pt 2]
Turnkey and the ICC Major Projects Model Contract

147

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.