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A New Game Changer in BOT Contracts in Egypt – The Dipco Case

In: Yearbook of Islamic and Middle Eastern Law Online
Author:
Sally El Sawah PhD, Co-founder and Head of Arbitration & Litigation, Junction Paris France
Founder and Principal, El Sawah Law Cairo Egypt

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Abstract

Construction contracts in Egypt are governed by a myriad of rules. BOT and other similar contracts are of a mixed nature, which entails the application of both public and private law rules. Therefore, the solution to issues like Variation of Works or Termination will depend on whether or not the contract is characterized as an administrative contract. Adding another layer of complication, the Dipco judgment has reopened the debate about arbitrating BOT and other contracts of similar nature, a subject supposedly closed since 1997 by Article 1(2) of the Arbitration Law.

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