الملخص الإنجليزي
Abstract :
Legal Regulation of Temporary Consortium in International Construction Contracting contracts (Consortium)
Construction Contracting Contracts are important type of contracts, which drives the engine of development and construction in different countries all over the world. Furthermore, such type of contracts forms the driving force behind many activities in societies. Such contracts do vary according to the intended projects to be carried out. Construction contracts include simple types, such as building a house or medical complex. They can also include major contracts that related to building airports, accommodation complexes, industrial cities, and other projects. Therefore, new methods of contracting have emerged, including creating alliances among the agencies implementing the said projects which, for their huge size, require joint collaboration between involved implementers, such as the Consortium.
The Consortium is a mirror of economic, social, and technical developments in the construction contracting that created an international trend to unify, link, and extend the joint interests of multinationals companies beyond their national borders. The main idea of the Consortium based on regulating national and international construction contracting and aiming to mitigate risks that companies may face when carrying out construction contracts beyond national borders. This can be achieved by forming a joint contractual Consortium responsible for preventing obstacles that hinder the implementation of these projects. In fact, and in the absence of legislative regulation for the contract of this Consortium between the legal entities that constitute it, the goal of our research was to analyze and substantiate the provisions and rules agreed upon by the parties to the contract within the scope of the contractual relationship. This is the subject of our thesis.
Therefore, this thesis began with an introduction that included the importance of this topic and the reason for its choice, the thesis questions about the problems of the topic, the methodology followed in this thesis, and the research plan therein. The thesis was divided into two chapters: The first chapter deals with the nature and scope of the Consortium. The first chapter deals with the nature of the Consortium, defining it and how it came into being. It also examines the legal classification of the Consortium and how it is formed. It then examines the characteristics of this Consortium and distinguishes it from similar situations. It also examines the scope of the Consortium, including its types and affiliation. It concludes by discussing the importance of foreign investment in the Consortium.
The second chapter discusses the legal provisions of the Consortium and the disputes arising from it, which represent the backbone of this Consortium and are the ones that breathe life into it. The first chapter addresses these legal provisions in the research on the frameworks of contractual relations in the Consortium with its internal contract among its members and its
external contract with the project owner. It also considers the most important obstacles that this Consortium faces in implementing the project. Then it will address how this temporary Consortium terminates, up to the methods of resolving disputes arising from the Consortium.
In the conclusion of the thesis, the researcher reviews the most important findings that were reached through the research on the topic of the thesis and, then, he concludes with a presentation of a set of recommendations related to the Consortium.
Keywords: Alliance, Consortium, Temporary Consortiums, investment projects, Consortium Contracts, Consortium Types.
