i-law

International Construction Law Review

THE NEW REGULATORY FRAMEWORK FOR PPPs IN EGYPT: A PRO INVESTMENT STEP?1

SHARIF YOUSSEF2

BSc, MSc, MCIArb, Contracts and Claims Manager at Orascom Construction Sharif.Youssef@outlook.com
“The difficulty lies not so much in developing new ideas as in escaping from old ones” – John Maynard Keynes.

ABSTRACT

The dissertation analyses the new regulatory regime for PPPs in Egypt. It argues that the PPP Law enacted in 2010 is pro-investment and a departure from standing legal norms. It discusses the nature of the contract highlighting the ambiguous nature of the PPP contracts and its effect on a PPP project. It analyses the procurement regime introduced by the PPP Law and argues that it is much better than the public procurement regime. It argues that dispute resolution mechanisms adopted by the law and the contracts, to a great extent, are effective and provide access to justice.

1. INTRODUCTION

In 2010 Parliament enacted Law No 67 of 2010 governing the Public Private Partnership transactions in Egypt. This was followed by pertinent Executive Regulations by the Cabinet in 2011. The PPP regulatory regime aims at promoting and increasing private sector involvement in the country’s economic and social development plan, stimulating investment and consumption thus boosting growth and attracting FDIs.3
This paper analyses the PPP regulatory regime to see whether it provides a better ground for investment than what already existed. First, the paper will address the Egyptian legal framework which governs or interfaces with PPP transactions; Secondly, how the government selects its private partner and to what extent the process matches the international good practices; Thirdly, the paper will discuss PPP implementation under the PPP regulatory regime. Finally, the paper will discuss the dispute resolution mechanism provided by the PPP framework and to what extent it provides access to justice.


Pt 4] The New Regulatory Framework for PPPS in Egypt

407

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.