A snapshot of major issues and risks related to construction projects in Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan, Georgia, Armenia and Azerbaijan.
This document is a graduate report on surety bonds submitted by Yajush G. Sonar to the Sardar Vallabhbhai National Institute of Technology in Surat, Gujarat, India to fulfill requirements for the course Project Formulation and Appraisal. The report provides an introduction to surety bonds, distinguishing them from traditional insurance. It describes the key parties in a surety bond and different types of bonds, with a focus on construction surety bonds. The report explains the need for construction bonds, outlines the main types (bid bonds, performance bonds, payment bonds), and describes how they work and the requirements for their use in public and private construction projects.
This document summarizes recent developments in Chinese shipping law and finance:
1) China issued interim measures to clarify procedures for registering mortgages on ships under construction, aiming to boost financing for shipbuilders. Local rules were inconsistent before this unification.
2) The NEWBUILDCON shipbuilding contract form from BIMCO faces resistance from Chinese builders who see it as increasing risks and costs. China is developing its own standard form.
3) Current Chinese rules restrict PRC entities from providing security for non-PRC parent/sister affiliates unless the lender is a PRC entity with equity in the borrower. Upcoming rule changes may loosen these restrictions but full liberalization is not expected soon.
Variation: it’s Regulation & Management under the MDB-FIDIC (2006) & the PPA ...MMS presentation firm
Variation: it’s Regulation & Management under the MDB-FIDIC (2006) & the PPA (2011) Conditions of Construction Contracts & the Applicable Laws will help you to understand more about variation in terms international contracts and domestic contract(Ethiopian context)
The document provides guidelines for procurement under IBRD Loans and IDA Credits. It outlines that the purpose is to inform project implementers of the policies that govern procurement of goods, works and services financed by World Bank loans. It describes that open competition is generally the most appropriate procurement method, with international competitive bidding required in most cases. It also establishes eligibility requirements for bidder participation and exceptions to non-discrimination policies.
This paper was written in 2001 as part of the CEPMLP's LLM in Petroleum Law and Policy program. It examines the main contractual components of a typical BOT arrangement and the terms that should be included to enhance bankability.
Judicial Pronouncements Relating to Insolvency Professionals Madhusudan Sharma
The document discusses several key issues relating to insolvency professionals (IPs) under the Insolvency and Bankruptcy Code 2016 in India, including:
1) Supreme Court rulings on making adverse remarks against professionals and the need to avoid uncalled for observations without giving an opportunity to be heard.
2) The role and responsibilities of IPs such as the interim resolution professional or resolution professional, who are facilitators of the insolvency process and do not have adjudicatory powers.
3) Examples of judicial support and directions given to ensure cooperation with IPs and assist them in discharging their duties.
The document discusses several issues related to construction contracts involving suspension of work by the employer. It addresses whether a contractor can claim interest for underpayment in interim certificates if works are still ongoing or completed. It also examines quantifying idle time during suspension, employer liability to pay full workforce costs, and claiming demobilization and remobilization costs during suspension periods. The document provides analysis of relevant contract clauses and case laws to determine contractors' entitlements in different suspension scenarios.
This document is a graduate report on surety bonds submitted by Yajush G. Sonar to the Sardar Vallabhbhai National Institute of Technology in Surat, Gujarat, India to fulfill requirements for the course Project Formulation and Appraisal. The report provides an introduction to surety bonds, distinguishing them from traditional insurance. It describes the key parties in a surety bond and different types of bonds, with a focus on construction surety bonds. The report explains the need for construction bonds, outlines the main types (bid bonds, performance bonds, payment bonds), and describes how they work and the requirements for their use in public and private construction projects.
This document summarizes recent developments in Chinese shipping law and finance:
1) China issued interim measures to clarify procedures for registering mortgages on ships under construction, aiming to boost financing for shipbuilders. Local rules were inconsistent before this unification.
2) The NEWBUILDCON shipbuilding contract form from BIMCO faces resistance from Chinese builders who see it as increasing risks and costs. China is developing its own standard form.
3) Current Chinese rules restrict PRC entities from providing security for non-PRC parent/sister affiliates unless the lender is a PRC entity with equity in the borrower. Upcoming rule changes may loosen these restrictions but full liberalization is not expected soon.
Variation: it’s Regulation & Management under the MDB-FIDIC (2006) & the PPA ...MMS presentation firm
Variation: it’s Regulation & Management under the MDB-FIDIC (2006) & the PPA (2011) Conditions of Construction Contracts & the Applicable Laws will help you to understand more about variation in terms international contracts and domestic contract(Ethiopian context)
The document provides guidelines for procurement under IBRD Loans and IDA Credits. It outlines that the purpose is to inform project implementers of the policies that govern procurement of goods, works and services financed by World Bank loans. It describes that open competition is generally the most appropriate procurement method, with international competitive bidding required in most cases. It also establishes eligibility requirements for bidder participation and exceptions to non-discrimination policies.
This paper was written in 2001 as part of the CEPMLP's LLM in Petroleum Law and Policy program. It examines the main contractual components of a typical BOT arrangement and the terms that should be included to enhance bankability.
Judicial Pronouncements Relating to Insolvency Professionals Madhusudan Sharma
The document discusses several key issues relating to insolvency professionals (IPs) under the Insolvency and Bankruptcy Code 2016 in India, including:
1) Supreme Court rulings on making adverse remarks against professionals and the need to avoid uncalled for observations without giving an opportunity to be heard.
2) The role and responsibilities of IPs such as the interim resolution professional or resolution professional, who are facilitators of the insolvency process and do not have adjudicatory powers.
3) Examples of judicial support and directions given to ensure cooperation with IPs and assist them in discharging their duties.
The document discusses several issues related to construction contracts involving suspension of work by the employer. It addresses whether a contractor can claim interest for underpayment in interim certificates if works are still ongoing or completed. It also examines quantifying idle time during suspension, employer liability to pay full workforce costs, and claiming demobilization and remobilization costs during suspension periods. The document provides analysis of relevant contract clauses and case laws to determine contractors' entitlements in different suspension scenarios.
JV Agreement Belgrade Waterfront Project - Ugovor o zajednickom ulaganju u pr...Slobodan Djukic
This agreement establishes a joint venture for the Belgrade Waterfront Project between the Republic of Serbia, Belgrade Waterfront Capital Investment LLC, and Beograd na vodi d.o.o. Beograd. Key points include:
- Belgrade Waterfront Capital Investment LLC will acquire a stake in Beograd na vodi d.o.o. Beograd and the parties will work together to develop the Belgrade Waterfront Project.
- The project will involve urban development and revitalization of the Belgrade Waterfront area, including public and private infrastructure, buildings, residential, commercial, and other facilities.
- Completion of the transaction is subject to various conditions being satisfied by
The Reserve Bank of India liberalized external commercial borrowing guidelines relating to the creation of charges. Lenders can now allow creation of charges on immovable assets, movable assets, financial securities, and corporate or personal guarantees in favor of overseas lenders. Several conditions apply to the creation of these different types of charges. Charges on immovable assets must comply with foreign exchange regulations and the property can only be sold to an Indian resident if invoked. For movable assets, the lender's claim is restricted to the outstanding ECB amount and assets can be removed from India. Financial securities like share pledges are allowed subject to FDI and FII rules. Corporate guarantees require board approval and personal guarantees require an individual's request.
1. The document provides guidance on international competitive bidding procedures for procurement under ADB financing projects. It discusses key steps like advertising bids, evaluating bids, and awarding contracts.
2. Contract packaging aims to divide project requirements into a manageable number of contracts large enough for international competition. Factors like nature, value, and market conditions are considered to determine appropriate contract groupings.
3. The document outlines different types of contracts like turnkey contracts where a single contractor is responsible for design, construction and operation of a facility, and alternatives like design-build that involve less employer control but may have cost advantages. Proper contract selection depends on project complexity and capacity of executing agencies.
The document discusses several court cases related to the interpretation of statutes. It provides background on principles of statutory interpretation like beneficial construction, where words are interpreted broadly to achieve the purpose of benefitting a class. It summarizes key holdings of cases related to maternity benefits, shop closure on holidays, rent control acts, and probation of young offenders. The court generally takes a beneficial approach to interpretation that carries out legislative intent and protects benefits for vulnerable groups.
This document discusses the interpretation of tax statutes under Indian law. It outlines several cardinal rules of interpretation, including that courts follow the plain language of statutes, aim for purposive rather than literal construction, harmonize provisions, read provisions down to avoid overstepping legislative limits, and adopt beneficial constructions for taxpayers. It also discusses ancillary rules of interpretation and notes that high court decisions are binding within a state but not outside of it.
The document discusses the bankruptcy discharge process. It explains that:
1) A bankruptcy discharge releases debtors from personal liability for certain debts and prohibits creditors from collecting on those debts. However, valid liens remain enforceable.
2) The timing of discharge varies by chapter, but generally occurs 4 months after filing for chapter 7 and after completing all payments under chapter 12 or 13 plans, which usually takes 3-5 years.
3) Not all debts are discharged - there are several categories of debt that are exempt from discharge for public policy reasons, such as certain taxes, debts from fraud or willful/malicious behavior, and student loans. Creditors must object to the discharge of other specified debts.
This document discusses the interpretation of statutes, specifically tax statutes. It provides an overview of key principles of statutory interpretation:
- Interpretation means ascertaining legislative intent through the words used in the statute. Construction involves deriving meaning beyond the literal words.
- For tax statutes, the literal rule of interpretation is most important - the language must be clear and unambiguous for a tax to be imposed. Equitable interpretations are not permitted.
- Other important rules include the golden rule to avoid absurdity, harmonious construction, and reading down provisions to avoid unconstitutionality. Benef
Business law book mba 2 sem @ bec doms Babasab Patil
The document discusses key concepts in business law including the Indian Contract Act 1872.
1. It outlines the essential elements of a valid contract according to Indian law - offer, acceptance, consideration, capacity to contract, free consent and lawful object.
2. Contracts are classified based on validity, formation and performance. Key classifications discussed are void, voidable, illegal and executory contracts.
3. Special contracts like indemnity, guarantee, bailment and agency are briefly mentioned along with acts governing contracts of sale, negotiable instruments, partnership, arbitration and carriage.
4. The final section notes insurance contracts are also an important area of business law.
This document discusses the fundamentals of contracts under Indian law. It defines a contract as an agreement enforceable under law to do or abstain from doing something in exchange for consideration. An agreement requires elements like promise, acceptance, consideration, competence and free consent to constitute a valid contract. Contracts become legally binding civil obligations when they satisfy essential requirements like free consent, offer and acceptance. The document also outlines different types of contracts recognized in law such as adhesion, aleatory, bilateral, unilateral, express, implied, void, voidable, and quasi-contracts.
The document summarizes changes to foreign portfolio investment regulations in India. Key points include:
- A new "Foreign Portfolio Investment" scheme will replace the existing FII and QFI frameworks.
- Registered Foreign Portfolio Investors will be allowed to purchase shares, debt and engage in derivatives trading, subject to certain limits.
- RFPIs will be permitted to open special bank accounts to facilitate investment and can repatriate proceeds and invest in government bonds and corporate debt.
- Existing FIIs and QFIs will be deemed RFPIs for a transition period to allow for continued investment under the new rules.
This document discusses risks associated with Build-Operate-Transfer (BOT) infrastructure projects in India. It outlines various risks at different stages of BOT projects including financial, management, market, technical, legal, completion, and constructional risks. The document then describes a risk rating methodology to evaluate critical risks. A questionnaire is developed to collect data on perceived severity of different risks based on a 5-point rating scale. The methodology aims to identify critically risks in BOT projects through quantitative analysis of the collected data.
Foreign investment in Indian limited liability partnerships is allowed in sectors that permit 100% foreign direct investment under the automatic route. Such investment requires prior government or Foreign Investment Promotion Board approval. Eligible investors are foreign residents or entities incorporated outside India, excluding citizens of Pakistan and Bangladesh. The investment must be equal to or greater than the fair market valuation of the LLP capital or profits, as determined by a chartered accountant. Remittances can only be made in cash through banking channels, and investments must be reported to the Reserve Bank within specified timelines. Downstream investments by LLPs are not permitted.
The document discusses the "golden rule" of interpretation, which allows courts to deviate from the literal or plain meaning of words in a statute if such an interpretation would lead to absurd or unreasonable results that go against the intention of the statute. It provides several examples of cases where courts applied the golden rule to prevent absurd outcomes, such as allowing a murderer to benefit from their crime or exempting someone from liability for obstructing security forces simply because they were physically on a prohibited site rather than near it. The golden rule seeks to avoid literal interpretations that are inconsistent or lead to consequences the legislature could not have intended.
Thought paper- Admission of time-barred debt under IBC- A case of limitless l...Shruti Jadhav
This document discusses the divergent views taken by various benches of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) on whether the Limitation Act applies to proceedings under the Insolvency and Bankruptcy Code regarding initiation of corporate insolvency resolution process based on time-barred debt. While most NCLT benches have held that the Limitation Act applies, the NCLAT in the Speculum Plast case held that it does not apply. The Supreme Court has since stayed the NCLAT order. The document analyzes the relevant provisions and case laws on both sides of the issue.
On the last day of the second week, the intern's guide gave them work researching the National Building Code of India. The intern found that building codes are sets of rules that specify construction standards and that buildings must conform to these codes to receive permits. Building codes are intended to protect public health, safety, and welfare in construction and building occupancy. Examples of early building codes date back to ancient times. Nationally, building codes are developed by government or standards groups and enforced nationally, while some places reference model codes set by private groups. In India, local municipalities and authorities each have their own building codes based on the National Building Code model.
The document summarizes key changes made by the Reserve Bank of India to foreign exchange regulations relating to overseas direct investments by Indian parties. The changes liberalize rules around the creation of charges on shares and assets of joint ventures, wholly owned subsidiaries, and step-down subsidiaries. Specifically, the changes allow for the automatic routing of creating charges in favor of domestic or overseas lenders on shares and assets at any level of subsidiaries, extend this to group companies, and allow charges on domestic assets in favor of overseas lenders and overseas assets in favor of domestic lenders. The changes aim to provide more flexibility to Indian parties in availing foreign funding.
This document provides an overview of complex international contracts. It discusses that complex international contracts have become essential means for large-scale scientific, technical, and industrial development projects that exceed the capabilities of individual companies. It notes that these contracts usually involve multiple parties from different countries and are carefully drafted to facilitate cooperation between the parties. The document also examines key characteristics of complex international contracts, such as their long duration, technical complexity, uncertainty, sensitivity to disruption, number of involved parties, and emphasis on cooperation between parties.
JV Agreement Belgrade Waterfront Project - Ugovor o zajednickom ulaganju u pr...Slobodan Djukic
This agreement establishes a joint venture for the Belgrade Waterfront Project between the Republic of Serbia, Belgrade Waterfront Capital Investment LLC, and Beograd na vodi d.o.o. Beograd. Key points include:
- Belgrade Waterfront Capital Investment LLC will acquire a stake in Beograd na vodi d.o.o. Beograd and the parties will work together to develop the Belgrade Waterfront Project.
- The project will involve urban development and revitalization of the Belgrade Waterfront area, including public and private infrastructure, buildings, residential, commercial, and other facilities.
- Completion of the transaction is subject to various conditions being satisfied by
The Reserve Bank of India liberalized external commercial borrowing guidelines relating to the creation of charges. Lenders can now allow creation of charges on immovable assets, movable assets, financial securities, and corporate or personal guarantees in favor of overseas lenders. Several conditions apply to the creation of these different types of charges. Charges on immovable assets must comply with foreign exchange regulations and the property can only be sold to an Indian resident if invoked. For movable assets, the lender's claim is restricted to the outstanding ECB amount and assets can be removed from India. Financial securities like share pledges are allowed subject to FDI and FII rules. Corporate guarantees require board approval and personal guarantees require an individual's request.
1. The document provides guidance on international competitive bidding procedures for procurement under ADB financing projects. It discusses key steps like advertising bids, evaluating bids, and awarding contracts.
2. Contract packaging aims to divide project requirements into a manageable number of contracts large enough for international competition. Factors like nature, value, and market conditions are considered to determine appropriate contract groupings.
3. The document outlines different types of contracts like turnkey contracts where a single contractor is responsible for design, construction and operation of a facility, and alternatives like design-build that involve less employer control but may have cost advantages. Proper contract selection depends on project complexity and capacity of executing agencies.
The document discusses several court cases related to the interpretation of statutes. It provides background on principles of statutory interpretation like beneficial construction, where words are interpreted broadly to achieve the purpose of benefitting a class. It summarizes key holdings of cases related to maternity benefits, shop closure on holidays, rent control acts, and probation of young offenders. The court generally takes a beneficial approach to interpretation that carries out legislative intent and protects benefits for vulnerable groups.
This document discusses the interpretation of tax statutes under Indian law. It outlines several cardinal rules of interpretation, including that courts follow the plain language of statutes, aim for purposive rather than literal construction, harmonize provisions, read provisions down to avoid overstepping legislative limits, and adopt beneficial constructions for taxpayers. It also discusses ancillary rules of interpretation and notes that high court decisions are binding within a state but not outside of it.
The document discusses the bankruptcy discharge process. It explains that:
1) A bankruptcy discharge releases debtors from personal liability for certain debts and prohibits creditors from collecting on those debts. However, valid liens remain enforceable.
2) The timing of discharge varies by chapter, but generally occurs 4 months after filing for chapter 7 and after completing all payments under chapter 12 or 13 plans, which usually takes 3-5 years.
3) Not all debts are discharged - there are several categories of debt that are exempt from discharge for public policy reasons, such as certain taxes, debts from fraud or willful/malicious behavior, and student loans. Creditors must object to the discharge of other specified debts.
This document discusses the interpretation of statutes, specifically tax statutes. It provides an overview of key principles of statutory interpretation:
- Interpretation means ascertaining legislative intent through the words used in the statute. Construction involves deriving meaning beyond the literal words.
- For tax statutes, the literal rule of interpretation is most important - the language must be clear and unambiguous for a tax to be imposed. Equitable interpretations are not permitted.
- Other important rules include the golden rule to avoid absurdity, harmonious construction, and reading down provisions to avoid unconstitutionality. Benef
Business law book mba 2 sem @ bec doms Babasab Patil
The document discusses key concepts in business law including the Indian Contract Act 1872.
1. It outlines the essential elements of a valid contract according to Indian law - offer, acceptance, consideration, capacity to contract, free consent and lawful object.
2. Contracts are classified based on validity, formation and performance. Key classifications discussed are void, voidable, illegal and executory contracts.
3. Special contracts like indemnity, guarantee, bailment and agency are briefly mentioned along with acts governing contracts of sale, negotiable instruments, partnership, arbitration and carriage.
4. The final section notes insurance contracts are also an important area of business law.
This document discusses the fundamentals of contracts under Indian law. It defines a contract as an agreement enforceable under law to do or abstain from doing something in exchange for consideration. An agreement requires elements like promise, acceptance, consideration, competence and free consent to constitute a valid contract. Contracts become legally binding civil obligations when they satisfy essential requirements like free consent, offer and acceptance. The document also outlines different types of contracts recognized in law such as adhesion, aleatory, bilateral, unilateral, express, implied, void, voidable, and quasi-contracts.
The document summarizes changes to foreign portfolio investment regulations in India. Key points include:
- A new "Foreign Portfolio Investment" scheme will replace the existing FII and QFI frameworks.
- Registered Foreign Portfolio Investors will be allowed to purchase shares, debt and engage in derivatives trading, subject to certain limits.
- RFPIs will be permitted to open special bank accounts to facilitate investment and can repatriate proceeds and invest in government bonds and corporate debt.
- Existing FIIs and QFIs will be deemed RFPIs for a transition period to allow for continued investment under the new rules.
This document discusses risks associated with Build-Operate-Transfer (BOT) infrastructure projects in India. It outlines various risks at different stages of BOT projects including financial, management, market, technical, legal, completion, and constructional risks. The document then describes a risk rating methodology to evaluate critical risks. A questionnaire is developed to collect data on perceived severity of different risks based on a 5-point rating scale. The methodology aims to identify critically risks in BOT projects through quantitative analysis of the collected data.
Foreign investment in Indian limited liability partnerships is allowed in sectors that permit 100% foreign direct investment under the automatic route. Such investment requires prior government or Foreign Investment Promotion Board approval. Eligible investors are foreign residents or entities incorporated outside India, excluding citizens of Pakistan and Bangladesh. The investment must be equal to or greater than the fair market valuation of the LLP capital or profits, as determined by a chartered accountant. Remittances can only be made in cash through banking channels, and investments must be reported to the Reserve Bank within specified timelines. Downstream investments by LLPs are not permitted.
The document discusses the "golden rule" of interpretation, which allows courts to deviate from the literal or plain meaning of words in a statute if such an interpretation would lead to absurd or unreasonable results that go against the intention of the statute. It provides several examples of cases where courts applied the golden rule to prevent absurd outcomes, such as allowing a murderer to benefit from their crime or exempting someone from liability for obstructing security forces simply because they were physically on a prohibited site rather than near it. The golden rule seeks to avoid literal interpretations that are inconsistent or lead to consequences the legislature could not have intended.
Thought paper- Admission of time-barred debt under IBC- A case of limitless l...Shruti Jadhav
This document discusses the divergent views taken by various benches of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) on whether the Limitation Act applies to proceedings under the Insolvency and Bankruptcy Code regarding initiation of corporate insolvency resolution process based on time-barred debt. While most NCLT benches have held that the Limitation Act applies, the NCLAT in the Speculum Plast case held that it does not apply. The Supreme Court has since stayed the NCLAT order. The document analyzes the relevant provisions and case laws on both sides of the issue.
On the last day of the second week, the intern's guide gave them work researching the National Building Code of India. The intern found that building codes are sets of rules that specify construction standards and that buildings must conform to these codes to receive permits. Building codes are intended to protect public health, safety, and welfare in construction and building occupancy. Examples of early building codes date back to ancient times. Nationally, building codes are developed by government or standards groups and enforced nationally, while some places reference model codes set by private groups. In India, local municipalities and authorities each have their own building codes based on the National Building Code model.
The document summarizes key changes made by the Reserve Bank of India to foreign exchange regulations relating to overseas direct investments by Indian parties. The changes liberalize rules around the creation of charges on shares and assets of joint ventures, wholly owned subsidiaries, and step-down subsidiaries. Specifically, the changes allow for the automatic routing of creating charges in favor of domestic or overseas lenders on shares and assets at any level of subsidiaries, extend this to group companies, and allow charges on domestic assets in favor of overseas lenders and overseas assets in favor of domestic lenders. The changes aim to provide more flexibility to Indian parties in availing foreign funding.
This document provides an overview of complex international contracts. It discusses that complex international contracts have become essential means for large-scale scientific, technical, and industrial development projects that exceed the capabilities of individual companies. It notes that these contracts usually involve multiple parties from different countries and are carefully drafted to facilitate cooperation between the parties. The document also examines key characteristics of complex international contracts, such as their long duration, technical complexity, uncertainty, sensitivity to disruption, number of involved parties, and emphasis on cooperation between parties.
This document summarizes changes between the 2000 and 2014 editions of the Joint Building Contracts Committee (JBCC) standard form construction contracts used in South Africa. Some key changes include streamlining and restructuring the contract from 40 to 30 clauses, expanding and clarifying contractor and employer duties, consolidating insurance provisions, reformulating security provisions, and increasing contractor liability for works risk while defining force majeure events. Specific changes are outlined for indemnities, setting out, subcontractors, and completion phases. The document provides an overview of the evolution of the JBCC standard forms and significant differences between editions.
The document provides an overview and summary of key legal issues relating to cross-border financing projects in 2017. It discusses updates to Thai law on mortgages, guarantees, business collateral, bankruptcy, and presentations on major legal issues in negotiating cross-border financing contracts regarding governing laws, taxes, and managing disputes. Recommendations are made for effectively structuring deals and resolving disputes involving multiple jurisdictions.
This document discusses engineering, procurement, and construction (EPC) contracts used for large infrastructure projects, particularly in the power sector. It provides background on EPC contracts and their use for power projects. The key contractual structure of a power project typically includes an agreement granting rights to construct and operate the power station, a power purchase agreement, an EPC contract to govern construction, an operating and maintenance agreement, a fuel supply agreement, and financing agreements. The EPC contract must be tailored to align with these other agreements. Lenders focus on risks like additional costs or delays claimed by the contractor as well as performance security when assessing the "bankability" of an EPC contract.
This document provides information on establishing and operating successfully in the Saudi Arabian projects market. It discusses key themes such as finding the right local partner and navigating legal and regulatory challenges. It also covers cultural business etiquette in Saudi Arabia emphasizing the importance of trust and relationships. The document then explains various Saudi laws and regulations pertaining to foreign investment, corporate structures, public procurement, commercial agencies and other areas relevant to doing business in the country. It aims to give international companies the necessary context for entering and conducting operations in the Saudi projects sector.
ISMED Training: PPP Fundamentals by Andrew Fitzpatrick, OECDOECDGlobalRelations
Presented at the Training Session on Public Private Partnerships organised by the MENA-OECD Investment Security in the Mediterranean (ISMED) Support Programme in September 2014.
William Kosar What Every Budget Officer Should Know_RwandaWilliam Kosar
This document provides an overview of key contract information for budget officers. It discusses types of contracts including public contracts, general conditions of contracts, and public-private partnerships. It also covers memorandums of understanding, performance guarantees, bid rigging, and types of resource exploration contracts like production sharing agreements and power purchase agreements. Checklists are recommended to ensure all important contract details are included. The dangers of memorandums of understanding being non-binding are outlined, and performance guarantees using letters of credit or bonds are described. Finally, common forms of bid rigging like cover bidding, bid suppression, bid rotation, and market allocation are defined, along with warning signs of anti-competitive bidding practices.
Letters of Intent, Bonds & Guarantees, Defects Liability PeriodsCerasela Angelescu
This document discusses letters of intent, bonds and guarantees, and defects liability periods in construction contracts. It provides details on:
- The purpose and contents of letters of intent, including when they are appropriate to use and how they differ from letters of acceptance.
- The three main types of bonds/guarantees - advance payment, performance, and retention money - covering their purpose, required contents, and consequences for non-provision.
- Defects liability periods in FIDIC and NEC contracts, including the obligations of contractors to remedy defects notified during this period and consequences for failure to do so.
PRC Contract Law Principles and Risk Management in Contract DraftingRHKLegal
An overview of contract drafting techniques with regard to the PRC Contract Law principles and recent Supreme Court Directions. An analysis of limitation of liability and liquidated damages clauses in the China market context.
The document discusses a presentation on contract management under the FIDIC Red Book 1999. The presentation will cover topics such as the role of the engineer, variations, claims, notices and time bars, managing claims, delay and disruption, acceleration, effective presentation of claims, negotiation and settlement of claims, and dispute resolution. It will take place on March 26, 2019 and be given by Stephen Osuhor of Driver Trett, a global construction consultancy firm.
Build Operate Transfer (BOT) models involve private entities financing, designing, constructing, and operating infrastructure projects while receiving concessions from the public sector. Under the BOT model for this case study, a special purpose vehicle formed by Sushee Infra and IVRCL received a concession to widen and improve a highway in Arunachal Pradesh over a 17-year period. The project has achieved its construction milestones on time and received tranches of cash support from the government. Timely execution and maintenance of credit metrics will be important for the continued success and financial health of the project. Delays or increased leverage could create stress for the private partners.
This document provides an overview of contract principles and types of construction contracts. It discusses key elements of a contract including mutual agreement, legal objectives, valid consideration, and legal capacity of parties. It also describes various types of construction contracts such as lump sum, unit rate, cost plus fixed fee, and cost plus percentage contracts. Contract documents such as invitation to tender, instructions to tender, form of tender, agreement, conditions of contract, specifications, bills of quantities, drawings and addenda are explained. Contract administration, claims, dispute management and resolution procedures are also summarized.
an introduction to FIDIC contracts and the other available international modules. Provides and overview of history of FIDIC contracts, documents under FIDIC, types of contract clauses, and contract structure.
SAGIA Issues New Rules for Contracting and Construction ActivitiesPatton Boggs LLP
SAGIA has issued new rules for companies seeking to conduct contracting and construction activities in Saudi Arabia. The new rules add several qualification requirements including that applicants must be limited liability or joint-stock companies, submit detailed business plans and financial statements, and commit to limitations on foreign employment. The rules also impose additional obligations like annual reporting and allowing financial audits if a construction license is obtained.
160
مبادرة
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المحاضرة ال 160 من المبادرة
الاستاذ الدكتور شريف الهجان
بعنوان
البرنامج الزمني في عقود التشييد
The programme in construction contracts
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ملحوظة : توجد شهادات حضور مجانية لمن يسجل فى رابط التقيم اخر المحاضرة.
The document discusses strategies for enhancing business excellence and project returns through financial and project management techniques. It covers topics like time, cost, performance, customer relations, value engineering, joint ventures, and using FIDIC contracts. Joint ventures are described as agreements between two parties for a specific project or business growth. They allow sharing of technical expertise, resources, risks and benefits. Key considerations for joint ventures include objectives, approvals, funding, ownership terms, dispute resolution, and duration. Advantages include new markets, skills and scale, while disadvantages are complexity, costs and relationship risks. Thorough planning, legal advice and contingency planning are advised. FIDIC contracts standardize construction terms for international projects.
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14 Things to Know in Construction - Central Asia and Caucasus
1.
2. 1www.colibrilaw.com
14 THINGS tO KNOW ABOUt CONStRUCtION
IN CENtRAL ASIA AND CAUCASUS
The construction industry in post soviet countries is significantly different
from the construction industry of the West, and foreign contractors who enter
the market for the first time must be prepared for a different environment.
1. Licensing requirements and permits
In most cases, construction works
fall under licensable activity in all
Central Asian countries, in Azerbaijan
and in Armenia, to the exception of
Georgia, where construction compa-
nies must obtain individual permits on
each project, rather than licenses.Most
of the licensing requirements include
having sufficient experience in con-
struction, having allocated technical
and logistical capacities, and having
a qualified professional in the team.
In Kazakhstan, for example, regula-
tors require up to 10 years’ experience
in similar projects, depending on the
type of category.
Foreign companies generally cannot
be licensed, with the exception of Ka-
zakhstan, where licenses can be issued
in the name of foreign contractors. In
all cases, foreign contractors must es-
tablish a local presence in some form.
A number of different types of ap-
provals, consents and permits are
required at each stage of design,
construction works, transportation,
installation and commissioning. In
addition, obtaining permits is likely to
cause delays during the project. There-
fore, it is important that parties clearly
agree on their responsibilities relating
to the obtainment of permits. Gener-
ally, it should be noted that more ap-
provals and permits must be obtained
in our region for construction projects,
particularly in comparison with Eu-
rope or the USA.
3. www.colibrilaw.com 2
2. Design
Designing architectural and town
planning documents is a licensing ac-
tivity that cannot be performed by a
foreign legal entity. As a matter of gen-
eral practice, foreign design and en-
gineering companies draft the design
themselves, and then have it approved
by one of the locally licensed design in-
stitutions.
Design consists of two major parts:
‘project documentation’ and ‘working
documentation’. These are often trans-
lated as ‘basic design’ and ‘detailed de-
sign’, but the meaning of these terms is
different from in Europe or the United
States. After having been developed by
the contractor, the project documen-
tation must be approved by the cus-
tomer and then filed for the review of
the state expert authority. Only when
a positive expert review is granted may
the customer apply for a construction
permit. It is highly advisable that a
foreign contractor entering the mar-
ket for the first time liaises with local
design institutions in order to gain a
deeper understanding of the scope of
design work and its requirements.
3. Public tenders
Compliance with specific tender
procedures is the main requirement
of public contract regulations. In all of
the countries in our region (except Ka-
zakhstan, where no public tender is re-
quired unless stated by law), construc-
tion projects funded by public capital,
state enterprises, non-budget funds of
public organisations must go through
public tenders.Privately financed proj-
ects are not required to follow specific
rules, unless a contracting party de-
cides so.
4. 3www.colibrilaw.com
4. Financing schemes
Construction projects funded by
state budget, special purpose funds
and other public financing sources
are subject to a mandatory financing
scheme. This means that contractors
are not generally free to agree on the fi-
nancing mechanisms found in conven-
tional EPC contracts. There is usually
a maximum permitted payment of up
to 15-20% of the contract amount and
subsequent payments on each stage of
project completion. Also, there may be
certain requirements relating to per-
formance bonds and abort fees. There-
fore, in most cases parties try to obtain
a special governmental resolution that
enables parties to freely negotiate pay-
ment terms. If the project is financed
by private funds, then parties are free
to choose their pricing mechanisms
and payment conditions.
5. Local content
There are no special provisions re-
garding mandatory local sub-contract-
ing. In Kazakhstan, however, subsoil
projects, projects financed by the Sam-
ruk Kazyna (National Wealth Fund) or
any other public funds are subject to
local content requirements and mini-
mum thresholds are determined on an
ad hoc basis. In Azerbaijan, produc-
tion sharing contracts in oil&gas sec-
tor usually contain special provisions
whereby preference should be given
to local sub-contractors and local con-
struction materials without prejudice
to the quality or services and materi-
als. These provisions, however, do not
prohibit supply of materials and ser-
vices from foreign sources.
5. www.colibrilaw.com 4
6. Contracts
In general, there are no legal re-
quirements as to the form of con-
tracts. In Uzbekistan, however, law
prescribes certain contract forms for
construction projects financed by
the state. Therefore, large infrastruc-
ture projects involving foreign in-
vestments and public fundsgenerally
need to be backed by governmental
decree that usually grants benefits
and exemptions from some regulato-
ry requirements, including mandato-
ry contract forms.
In brief, as a matter of practice 10-
15 page contracts are usually used
for small and medium-sized projects,
while FIDIC forms are usually used
for larger projects, especially if such
projects are financed by ADB, IFC,
EBRD, JBIC and other internation-
al financial institutions. While local
laws do not forbid the use of FIDIC
forms, it must be noted that such
contracts still need to be substan-
tially revised in order to comply with
local technical regulations, laws and
secularities of the construction pro-
cess. This is why, in practice, FIDIC
contracts are usually ‘custom-made’
for each project in each of the coun-
tries in our region.
The issues of the choice of law and
dispute resolution are well-known
concepts in our region and are, in
general, easily negotiated. It is com-
mon for a neutral governing law and
international arbitration to be select-
ed. It should be noted that parties
cannot completely opt out of local
technical and fiscal laws, with which
they must comply. In our experience,
the most popular places for construc-
tion dispute venues are Stockholm,
London and Hong Kong, while Dubai
and Singapore are also gaining pop-
ularity.
6. 5www.colibrilaw.com
7. Limitation Period
As a general rule, the limitation pe-
riod for filing a claim with local courts
for disputes arising from contracts is
three years. This applies to all coun-
tries, with the exception of Kazakh-
stan, where the limitation period for
construction disputes is 10 years, un-
less otherwise agreed by the parties,
but not less than two years.
The limitation period starts at the
moment of final acceptance of the re-
sult of works, even if the contract pro-
vides for partial acceptances. However,
if a claim is raised during a warranty
period stipulated in the construction
contracts, then the limitation period
shall start from the moment such a
claim has been filed. It should be not-
ed that once the limitation period has
expired it may still be reinstated due to
reasonable grounds. It must be noted
though, that local courts require very
serious grounds to reinstate the lim-
itation period and therefore such rein-
statements are quite rare.
8. Insurance
In all countries, with the exceptions
ofGeorgia and Armenia, the procure-
ment of third-party liability insurance
is mandatory. In Azerbaijan such type
of insurance is usually mandatory due
to the terms of production sharing
contracts in oil&gas sector. In Kazakh-
stan and Uzbekistan, the contractor
must also purchase employee accident
insurance and, for some type of haz-
ardous projects, environmental insur-
ance.
Non-admitted insurance is not al-
lowed in our region and therefore all
insurance policies must be purchased
from local insurance companies. In
addition, it must be noted that not all
insurance companies may be licensed
to underwrite mandatory types of in-
surance and therefore license contents
must be considered on an individual
basis. Furthermore, the risks can be
reinsured with foreign reinsurers, pro-
vided that some of the risk (usually no
less than 5%) is retained by local in-
surers. It must also be noted that local
insurance laws have certain qualifi-
cation requirements for foreign rein-
surances, such as minimum ratings of
Standard&Poor and Moody’s.
7. www.colibrilaw.com 6
9. Indemnity
In our countries, the law does not
recognise the mechanism of indemni-
ties.
Indemnity clauses usually appear in
contracts that are concluded with for-
eign contractors. However, if brought
before the local courts, such clauses
will either be viewed as void or con-
strued as a reimbursement clause. Ju-
dicial practice has not yet been settled
on this matter, and therefore decisions
may vary between different courts.
Penalties can be in the form of liq-
uidated damages and fines. Liquidated
damages are paid in the case of a delay
in the fulfilment of obligations and are
calculated on the basis of a percentage
of the unfulfilled part of the obliga-
tions for each day of the delay. Fines
are paid in the case of non-fulfilment
or improper fulfilment of obligations
and are usually set as a lump sum.
Payment of penalties does not relieve
parties from the fulfilment of any con-
tractual obligations, including indem-
nity of possible damages, whether in-
curred or in the form of lost profits. If
caused by negligence, the damages are
unlikely to be fully covered by a negli-
gent party.
8. 7www.colibrilaw.com
10. Environmental protection
Environmental laws of the coun-
tries are quite strict and liability for
violating such laws may include civil,
administrative or even criminal lia-
bility, depending on the type of vio-
lation and the extent of the damage
caused. Compliance with environmen-
tal and ecological laws must be con-
sidered throughout development and
construction, starting with the design
and land allocation. A design docu-
mentation, subject to the approval of
the state construction regulator, must
contain a separate section on environ-
mental protection, including maxi-
mum allowed emissions, use of surface
and subterranean waters, waste utili-
sation, etc. In most of cases, special
ecological expertise from a licensed in-
stitution must be obtained.
The basic requirements for environ-
mental protection include measures
to ensure public health and safety,
as well as the protection of the atmo-
sphere, land, forests, water, flora, fau-
na and other parts of the environment,
buildings, installations, reserves, and
natural, historical and cultural monu-
ments from the harmful effects of any
associated works in accordance with
the requirements of environmental
legislation.
11. Taxation
A foreign contractor working in any
of the countries in our region will al-
most certainly have tax consequences
when working on EPC projects, which
will most likely result in becoming
permanently established for taxation
purposes. However, there are certain
cases when, according to double tax-
ation treaties or production sharing
contracts in oil&gas sector, contrac-
tors are fully or partially exempt from
local taxes. Therefore, it is particularly
important to do tax planning and op-
timisation prior to contracting on the
project.
9. www.colibrilaw.com 8
12. Visa and Immigration Requirements
Generally, long visits of over one
month require business visas, whereas
for short stays tourist visas are suffi-
cient. In Turkmenistan, however, the
situation is very difficult and obtaining
any type of visa requires significant
support from either governmental
institutions or a large foreign inves-
tor. Should expatriates need to travel
for longer periods (anything over one
year), special work permitscan be re-
quired for both employees and (with
the exception of Georgia and Armenia)
for local entities. We would also advise
you to check to see if there are any bi-
lateral treaties in a country of opera-
tion that may grant extended stays for
foreign employees. Breaches of immi-
gration regulations may result in de-
portation and significant fines for the
employee and employer.
13. Indemnity and liability
Courts in Central Asia, Azerbaijan,
Georgia and Armenia are not likely to
acknowledge mechanisms of indemni-
ty. This is because laws in our region
do not recognise the concept of indem-
nities. Although such provisions are
quite common in FIDIC and other EPC
contracts signed with foreign contrac-
tors, it is unlikely that these will be en-
forced by local courts, which will most
likely construe them as reimburse-
ment of damages. It should be noted
that unlike in common law systems,
it is quite difficult to obtain full reim-
bursement if the damage was caused
by an act of negligence. In most cases
courts will revise the damages and will
reduce them as a result.
If an accident occurs, the liabil-
ity will depend on the severity of the
damage. If there are casualties then a
criminal case will be opened, but in all
other cases a special ad hoc committee
will be organised to establish the cause
of the catastrophe. Depending on the
results of an investigation, the con-
tractor, designer, supplier, and state
inspection agency that confirmed due
compliance with all construction stan-
dards, shall be held jointly or severally
liable depending on their contribution
and the remoteness of damage. There
is no concept of criminal liability of
legal entities in our legal systems. As
such, if casualties do occur the gener-
al director, chief engineer and project
manager are likely to be convicted.
10. 9www.colibrilaw.com
14. Choice of Law and Forum
The choice of law and jurisdiction is
an important factor in reducing political
risks and consequent risks of non-pay-
ment. In general practice, there are no
problems with choosing neutral law and
disputes venues for construction con-
tracts that are signed with foreign con-
tractors. As a result, choosing English,
Russian, Swiss or PRC law is absolute-
ly possible, with the exception of issues
relating to real estate and in cases when
contracts are signed between two resi-
dent companies. It must be noted, how-
ever, that although parties are free to
choose foreign law, this does not mean
that they can entirely opt out of local
fiscal and administrative requirements,
such as licensing, taxation, public pro-
curements rules, etc.
Likewise, parties are generally free
to choose foreign forums for the resolu-
tion of disputes and in most cases par-
ties choose international arbitration, to
the exception of Georgia, where local
courts have exclusive jurisdiction over
construction disputes. The most pop-
ular venues for international arbitra-
tion are Stockholm, London, Dubai and
Hong Kong. All of our countries, with
the exception of Turkmenistan, are par-
ties to the New York Convention 1958.
It should be noted, however, that arbi-
trating and particularly enforcing arbi-
tral award against state owned compa-
nies might prove extremely difficult. Yet
again,wemustnotethatdisputesarising
over title to real estate must be resolved
in local courts.
Authors:
Colibri law firm - www.colibrilaw.com
Otabek Suleimanov
Partner
otabek.s@colibrilaw.com
Ameria Law Firm (for Armenian part)
David Sargsyan and Lilit Aleksanyan
legal@ameria.am
www.ameriagroup.am
Denis Bagrov
Partner
denis.b@colibrilaw.com
11. www.colibrilaw.com 10
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Licensing Some of the construction
works are licensable. Min-
imum 3 years experience
required for applicant. For-
eign company can get license
through a branch.
Some of the construction
works are licensable. Mini-
mum 5 yeas experience re-
quired for applicant. Foreign
companies without a perma-
nent establishment in Azer-
baijan cannot get a license.
Branch Offices of foreign
companies duly registered in
Azerbaijan are eligible to ap-
ply for a license. Consortiums
are usually allowed.
Some of the construction
works are licensable. Licens-
ees are divided into 3 catego-
ries depending on different
levels of responsibility. Qual-
ification requirements vary
depending on license catego-
ry. Individuals and corporate
entities can get license. Con-
sortiums are usually allowed.
Some of the construction
works are licensable. Foreign
companies can get license
through a branch. Consor-
tiums are not allowed.
Georgia Tajikistan Turkmenistan Uzbekistan
Construction works are sub-
ject to permits and not li-
cense. There are 3 types of
permits: Construction Per-
mit; Construction Permit
of Special Importance; and
Construction Permit of Nu-
clear and Radiation Objects.
Some of the construction
works are licensable. Mini-
mum 5 years experience re-
quired for applicant. Foreign
companies can get license
only through their represen-
tative offices and branchs.
Consortiums are not allowed.
Almost all types of construc-
tion works are licensable.
Foreign companies are al-
lowed get license, althrough
opening branch is very com-
plicated and time consuming
process (up to three months).
Law is silent on cosortiums,
but practially they do exist.
Some of the construction
works are licensable. Mini-
mum 5 yeas experience re-
quired for applicant. Foreign
company cannot get license.
Consortiums are usually al-
lowed.
12. 11www. colibri law.com
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Design Design works must be agreed
with the customer and ap-
proved by local agency of ar-
chitectual and construction.
Design works are licensable.
Design must be approved by
customer and regulator.
Design works are licensable.
vary depending on license
category. Design must be ap-
proved by customer and reg-
ulator.
Design works must be agreed
with the customer and ap-
proved by local agency of ar-
.noitcurtsnocdnalautcetihc
Georgia Tajikistan Turkmenistan Uzbekistan
Design works are not licens-
able activity, but each design
must be approved by state
regulator.
Design works are licensable.
Design must be approved by
customer and regulator.
Design of hazardous facilities
is subject to licensing. Design
must be approved by custom-
er and regulator.
Design works are licensable.
Design must be approved by
customer and regulator.
13. www.colibrilaw.com 12
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Public
tenders
Only if construction works
are funded by state budget or
public funds. Exceptions ap-
ply.
Only if construction works
are funded by state budget or
public funds. Exceptions ap-
ply.
There is no requirement to
hold public tenders, unless
stated by law. So, contractors
may be chosen by way of (1)
closed or public tender; (2)
tender with pre-selection of
candidates; (3) without a ten-
der.
Only if construction works
are funded by state budget or
public funds. Exceptions ap-
ply.
Georgia Tajikistan Turkmenistan Uzbekistan
Only if construction works
are funded by state budget or
public funds. Exceptions ap-
ply.
Only if construction works
are funded by state budget or
public funds. Exceptions ap-
ply.
Only if construction works
are funded by state budget or
public funds. Exceptions ap-
ply.
Only if construction works
are funded by state budget or
public funds. Exceptions ap-
ply.
14. 13www.colibrilaw.com
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Financing When financed by public
funds, parties must follow
statutorily prescribed ways of
payment under construction
contracts. Exceptions apply.
When financed by public
funds, parties must follow
statutorily prescribed ways of
payment under construction
contracts. Exceptions apply.
When financed by public
funds, parties must follow
statutorily prescribed ways of
payment under construction
contracts. Exceptions apply.
When financed by public
funds, parties must follow
statutorily prescribed ways of
payment under construction
contracts. Exceptions apply.
Georgia Tajikistan Turkmenistan Uzbekistan
When financed by public
funds, parties must follow
statutorily prescribed ways of
payment under construction
contracts. Exceptions apply.
When financed by public
funds, parties must follow
statutorily prescribed ways of
payment under construction
contracts. Exceptions apply.
When financed by public
funds, parties must follow
statutorily prescribed ways of
payment under construction
contracts. Exceptions apply.
When financed by public
funds, parties must follow
statutorily prescribed ways of
payment under construction
contracts. Exceptions apply.
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Local
content
No local content requirement. Local content requirements
may be found in PSA type
contracts. This requirement
is mostly takes form of a rec-
ommendation and does not
prohibit foreign source sup-
plies.
Subsoil projects, projects fi-
nanced by the NWF Samruk
Kazyna and subsidiaries as
well as public procurement
are subject to local content re-
quirements. Minimum thresh-
olds are determined by the for-
mulas on a case by case basis.
No local content requirement.
Georgia Tajikistan Turkmenistan Uzbekistan
No local content requirement. No local content requirement. No local content requirement. No local content requirement.
15. www.colibrilaw.com 14
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Insurance No specific insurance require-
ments.
3rd party liability insurance
requirements are mostly re-
quired for sub-contractors
working with PSA contrac-
tors.
Employee accident insurance
is mandatory in KZ. Some
construction works are sub-
ject to mandatory ecological
or 3rd party liability insur-
ance that must be procured
locally.
Employers Liability Compul-
sory Insurance.3rd party lia-
bility insurance is mandatory
in case of explutation of the
dangerous objects.
Georgia Tajikistan Turkmenistan Uzbekistan
No specific insurance require-
ments. However mandatory
health insurance applies.
Contractor shall at his own
expences insure the object of
the construction and the con-
struction works.
No specific insurance require-
ments. However worker’s ac-
cident insurance appllies.
3rd party liability insurance is
mandatory and must be pro-
cured locally.
16. 15www.colibrilaw.com
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Limitation
period
3 years. 3 years. Generally, a warranty period
equals to 10 years, unless oth-
erwise specified by a contract,
and not less than 2 years.
3 years.
Georgia Tajikistan Turkmenistan Uzbekistan
General limitation period is 3
yearas, but limitation period
on contracts related to im-
movable property is 6 years.
3 years. 3 years in general and 6 years
for real estate related dis-
putes.
3 years.
17. www.colibrilaw.com 16
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Taxation Foreign contractors will have
to pay local taxes unless ex-
empted under double taxa-
tion treaty.
Foreign contractors will have
to pay local taxes unless ex-
empted under double tax-
ation treaty or production
sharing contracts in oil&gas
sector.
Foreign contractors will have
to pay local taxes unless ex-
empted under double tax-
ation treaty or production
sharing contracts in oil&gas
sector.
Foreign contractors will have
to pay local taxed unless ex-
empted under double taxa-
tion treaty.
Georgia Tajikistan Turkmenistan Uzbekistan
Foreign contractors will have
to pay local taxes unless ex-
empted under double taxa-
tion treaty.
Foreign contractors will have
to pay local taxes unless ex-
empted under double taxa-
tion treaty.
Foreign contractors will have
to pay local taxes unless ex-
empted under double tax-
ation treaty or production
sharing contracts in oil&gas
sector.
Foreign contractors will have
to pay local taxes unless ex-
empted under double tax-
ation treaty or production
sharing contracts in oil&gas
sector.
18. 17www.colibrilaw.com
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Immigration Foreign workers will have to
obtain either business visa
and local work permit to work
on the project
Foreign workers will have to
obtain residence permit and
work permit to work on the
project. The Employer shall
obtain the permission to en-
gage the foreign labor force.
Foreign workers will have to
obtain either business visa or
local work permit to work on
the project.
Foreign workers will have to
obtain either business visa
and local work permit to work
on the project. The Employer
shall obtain the permission
to engage the foreign labor
force.
Georgia Tajikistan Turkmenistan Uzbekistan
Foreign workers will have to
obtain either business visa or
local work permit to work on
the project.
Foreign workers will have to
obtain either business visa
and local work permit to work
on the project. The Employer
shall obtain the permission
to engage the foreign labor
force.
Foreign workers will have to
obtain either business visa or
local work permit to work on
the project.
Foreign workers will have to
obtain either business visa
except for CIS citizens or lo-
cal work permit to work on
the project.
19. www.colibrilaw.com 18
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Foreign law Genral principles of conflict
of laws apply. Choice of for-
eign law and jurisdiction is
allowed and usually not an
issue. Regardless of choice of
law, contractors must follow
local technical standards and
public law requirements.
Genral principles of conflict
of laws apply. Choice of for-
eign law and jurisdiction is
allowed and usually not an
issue. Regardless of choice of
law, contractors must follow
local technical standards and
public law requirements.
Choice of foreign law and ju-
risdiction is allowed and usu-
ally not an issue, except for
public procurement, when
only Kazakh law applies.
Regardless of choice of law,
contractors must follow local
technical standards and pub-
lic law requirements.
Genral principles of conflict
of laws apply. Choice of for-
eign law and jurisdiction is
allowed and usually not an
issue. Regardless of choice of
law, contractors must follow
local technical standards and
public law requirements.
Georgia Tajikistan Turkmenistan Uzbekistan
Genral principles of conflict
of laws apply. Choice of for-
eign law and jurisdiction is
allowed and usually not an
issue. Regardless of choice
of law, contractors must fol-
low local technical standards
and public law requirements.
Georgian courts have exclu-
sive jurisdiction over the con-
struction disputes in Georgia.
Genral principles of conflict
of laws apply. Choice of for-
eign law and jurisdiction is
allowed and usually not an
issue. Regardless of choice of
law, contractors must follow
local technical standards and
public law requirements.
Genral principles of conflict
of laws apply. Choice of for-
eign law and jurisdiction is
allowed and usually not an
issue. Regardless of choice of
law, contractors must follow
local technical standards and
public law requirements.
General principles of conflict
of laws apply. Choice of for-
eign law and jurisdiction is
allowed and usually not an
issue. Regardless of choice of
law, contractors must follow
local technical standards and
public law requirements.
20. 19www.colibrilaw.com
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Declara-
tion of UN
Conference
on the Hu-
man Envi-
ronment
(Stockholm
Declara-
tion) of
1972
Not party. Not party. Not party. Not party.
Georgia Tajikistan Turkmenistan Uzbekistan
Applies in Georgia as oth-
er UN resolutions. Georgian
environmental legislation
contains direct references to
Stockholm Declaration of 72.
Not party. Not party. Not party.
21. www.colibrilaw.com 20
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Enviroment Very strict. A design must
contain a section devoted to
environmental protection.
Breach of enriomental laws
may lead to severe penalties,
including crimial conviction.
Very strict. A design must
contain a section devoted to
environmental protection.
Breach of enriomental laws
may lead to severe penalties,
including crimial conviction.
Very strict. A design must
contain a section devoted to
environmental protection.
Breach of enriomental laws
may lead to severe penalties,
including crimial conviction.
Very strict. A design must
contain a section devoted to
environmental protection.
Breach of enriomental laws
may lead to severe penalties,
including crimial conviction.
Georgia Tajikistan Turkmenistan Uzbekistan
There is a exhaustive list of
activities which are subject
of enviromental impact as-
sesment requirements. If the
construction works are re-
lated to these activities, then
EIA should be done.
Very strict. A design must
contain a section devoted to
environmental protection.
Breach of enriomental laws
may lead to severe penalties,
including crimial conviction.
Very strict. A design must
contain a section devoted to
environmental protection.
Breach of enriomental laws
may lead to severe penalties,
including crimial conviction.
Very strict. A design must
contain a section devoted to
environmental protection.
Breach of enriomental laws
may lead to severe penalties,
including crimial conviction.
22. 21www.colibrilaw.com
Armenia Azerbaijan Kazakhstan Kyrgyzstan
Contractual
matrix
Most major projects are im-
plemented on an EPC or EP-
C(M) basis, when a general
contractor is employed by the
customer and subcontractors
are employed by the general
contractor on its own behalf.
Most major projects are im-
plemented on an EPC or EP-
C(M) basis, when a general
contractor is employed by the
customer and subcontractors
are employed by the general
contractor on its own behalf.
Most major projects are im-
plemented on an EPC or EP-
C(M) basis, when a general
contractor is employed by the
customer and subcontractors
are employed by the general
contractor on its own behalf.
Most major projects are im-
plemented on an EPC or EP-
C(M) basis, when a general
contractor is employed by the
customer and subcontractors
are employed by the general
contractor on its own behalf.
Georgia Tajikistan Turkmenistan Uzbekistan
Most major projects are im-
plemented on an EPC or EP-
C(M) basis, when a general
contractor is employed by the
customer and subcontractors
are employed by the general
contractor on its own behalf.
Most major projects are im-
plemented on an EPC or EP-
C(M) basis, when a general
contractor is employed by the
customer and subcontractors
are employed by the general
contractor on its own behalf.
Most major projects are im-
plemented on an EPC or EP-
C(M) basis, when a general
contractor is employed by the
customer and subcontractors
are employed by the general
contractor on its own behalf.
Most major projects are im-
plemented on an EPC or EP-
C(M) basis, when a general
contractor is employed by the
customer and subcontractors
are employed by the general
contractor on its own behalf.