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Public–Private Partnership: A Legislative Model from the State of Qatar

In: Global Journal of Comparative Law
Authors:
Mohamed Y. Mattar Clinical Professor of Law, Qatar University College of Law, Doha, Qatar, mmattar@qu.edu.qa

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Thani Al-Thani Attorney at Law & Board Member, Qatar International Centre for Conciliation and Arbitration, Doha, Qatar, info@qicca.org

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Fouzi Belknani Professor of Civil Law, Qatar University College of Law, Doha, Qatar, fouzibelkani@qu.edu.qa

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Abdullah Abdullah Professor of Civil Law, Qatar University College of Law, Doha, Qatar, aabdullah2@qu.edu.qa

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Faten Hawa Professor of Commercial Law, Qatar University College of Law, Doha, Qatar, fhawa@qu.edu.qa

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Abstract

The State of Qatar has recently witnessed a massive legislative movement designed to encourage foreign investment and enhance private sector participation in the economy, especially in trade and investment. This article addresses one of the most important enactments in this regard; Law No. 12 of 2020 on economic Partnership between the Government Sector and the Private Sector (hereinafter referred to as the ppp Law or Law N. 12 of 2020). The law encourages the expansive role of the private sector and provides for several incentives and guarantees. The law also designs rules of partnership that follow principles of transparency and good governance. This article focuses on international standards embodied in the uncitral model legislative provisions on public-private partnership and its legislative guide, especially public interest, stability and sustainability, restricted contractual freedom, contractual balance and risk transfer, legitimate and fair competition, transparency and integrity, equality and equal opportunities, the right to compensation, methods of dispute settlement and legislative integration.

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