Improving public-private partnership project procurement, addressing major shortfalls in the standard-form contract

2020 ◽  
Vol 13 (4) ◽  
pp. 482
Author(s):  
Amin Alvanchi ◽  
Seyed Mohammad Taghi Hosseini ◽  
Mohamad Hosein Nili Ahmadabad ◽  
Amir AmiriDiba
Auditor ◽  
2015 ◽  
Vol 1 (3) ◽  
pp. 9-21
Author(s):  
Лосева ◽  
N. Loseva

The article deals with the content of internal standards of auditing, order of the conclusion and content of the contract for the audit of accounting (financial) statements, the standard form contract.


2014 ◽  
Vol 21 (6) ◽  
pp. 648-673 ◽  
Author(s):  
Derek Walker ◽  
Mattias Jacobsson

Purpose – This case study was chosen for its rare, if not unique, project procurement strategy. It is, to the authors’ knowledge, the only example of a project alliance (PA) being undertaken within a public-private partnership (PPP) project delivery approach. The purpose of this paper is to explore the case study from a strategic perspective to better understand if it is possible to combine a PA within a less collaborative procurement form, such as PPP or design and construct (D&C), and to determine if there were any specific prerequisite conditions needed for such an arrangement to be successfully adopted. Design/methodology/approach – A single exploratory case study was undertaken through interviewing seven of the most senior project participant executives for approximately an hour that each had a separate and unique perspective to offer relating to the organisational role they represented in the PA. These interviewees were identified as the most knowledgeable key executives participating in the PA from whom both strategic and operational insights could be gained. Findings – It is possible to design a PA approach within a PPP for large and complex infrastructure projects and this can provide a competitive advantage to do so, however, the reasons for doing so should be clear and compelling. Parties to such an arrangement should be prepared to fully engage through adopting full PA principles. In such a case as this, the PPP special purpose vehicle takes on the role of “project owner” that normally the public body part of the PPP would normally adopt. Research limitations/implications – This research reports upon a single case study within a specific project delivery culture that has extensive experience of PAs. Demonstrated positive project outcomes would not be likely to be more generally repeatable across the engineering infrastructure sector unless parties engaged within such a PA had not already experienced and understood outcomes resulting from such a close collaboration. Practical implications – This research has implications for project participants bidding for PPP projects as well as others using a D&C tending approach. It offers a potential competitive advantage because it demonstrates and explains how choices may be expanded beyond a simple single project procurement strategy approach. Social implications – Many PPP and PA infrastructure projects are delivered to provide community benefit. This paper provides a way to improve the project delivery process and thus improving value to the community. Originality/value – The paper makes three contributions. Primarily, it pioneers analysis of a PA within a PPP. Second, it provides important insights into the reasons and emergence of this phenomenon. Finally, it provides an understanding of this how this novel form of early contractor involvement with a PPP special purpose ownership vehicle that combines competition and collaboration may function operationally.


2018 ◽  
Vol 10 (1) ◽  
pp. 544
Author(s):  
Ana Isabel Blanco García ◽  
Pablo Quinzá Redondo

Resumen: La sentencia núm. 409/2017 del Tribunal Supremo aborda la posible aplicación de un convenio arbitral contenido en un contrato de adhesión en un asunto sobre la nulidad de contratos financieros SWAP y PUT. En particular, se aborda el alcance de la competencia del juez ordinario pata interpretar el convenio arbitral, así como las propias cuestiones cubiertas por el mismo.Palabras clave: arbitraje, contratos de adhesión, convenio arbitral.Abstract: Judgment number 408/2017 of the Spanish Supreme Court deals with the potential application of an arbitration agreement in the case of a standard form contract. In particular, it focuses on the jurisdiction of the judge to interpret the arbitration agreement and on the questions that are covered by the arbitration agreement itself.Keywords: arbitration, standard form contract, arbitration agreement


Author(s):  
Audina Noor Arifa ◽  
Burhanudin Harahap

This study analyzed the implementation of standard form contract in financing agreement of Sharia banking in Islamic law perspective. This study aimed at discovering the process of mutual agreement on standard form contract of a financing agreement in Sharia banking. This study employed an empirical legal study. It was aimed at studying one or more social phenomena by analyzing it. This study found that during the process of mutual agreement on standard form contract between the bank and the customer, the element of ijab and qabul had been satisfied since the bank had made an offer and the customer accept the bank offer. However, it was found that the customer did not possess a right to change the content of the standard form contract. If there was a customer felt an objection, the requirement of a valid agreement is not satisfied since there is al-ikrah or compulsion factor in accepting the agreement. For the agreement is not met, the agreement will be considered as broken (fasid) and can be annulled.


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