Settlement of disputes of build, operate and transfer contracts in specialized ports

Abstract

These required guarantees by the investors include settlement, and thus the disputes arise between them and between the State or any of its bodies through the arbitration system because of the advantages of this system adjustable to the nature of these disputes and fulfillment the needs of the investor, and the actual and undeclared aim of the arbitration system is to exclude the law of the State.
The first thing that comes to the mind of the foreign investor and desires when investing his money inside a foreign country is his knowledge of the legal and judicial procedures of the host country, and the extent of the possibility to be governed by its internal law or nor, to settle the disputes arise between himself and between the attracted country for investment.
Due to the malformations suffered by the economic environment of the developing countries, they have to build gradual policies to enable them to change the economic type for progress to levels to enable them to avoid the passive impacts that surrounded them across from identification specific techniques. The most important techniques that may transfer the economy of the country to the economy of the legal automatic free market is representing in usage the contracts of build, operate and transfer.
This type of contract enables the government to provide a new service to the audience without payment the cost of this service, whereas the contractual party with the government, shall provide the capital, construct and operate the facility for a long term based on a contract agreement according to commercial foundations that grant the investor, the possibility to collect the paid capital in construction the facility and accomplish a profitable profit.