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原文传递 MODEL CONCESSION AGREEMENT FOR PUBLIC PRIVATE PARTNERSHIP IN NATIONAL HIGHWAYS - REVIEW & RECOURSE

题名：	MODEL CONCESSION AGREEMENT FOR PUBLIC PRIVATE PARTNERSHIP IN NATIONAL HIGHWAYS - REVIEW & RECOURSE
其他题名：	Model Concession Agreement(Public Private Partnership in National Highways)by Planning Commission-Government of India.
正文语种：	英文
作者：	SS Joshi
关键词：	framework；agreement；international；reference；private；discovere；claus；government；fidic；aspects
摘要：	No doubt that marathon effort has gone into making a commendable document called 'Model Concession Agreement' (MCA) for Indian Highways by the Planning Commission (Government of India) meant for Public Private Partnership mode (PPP's mode) and it is worth laudable. But over the period of time at Project level it is discovered that certain Articles/Clauses of MCA are required to be revisited to make the MCA a just, fair and equitable document leaving little room for any dispute in implementing the same. Unlike FIDIC there is no guide published to give the intended meaning of Articles/Clauses for general reference which could have been a very useful tool by making it part of the MCA to help understand and clarify content of certain Articles/Clauses of MCA. Though the framework in the name and style of MCA for PPP is a robust and credible document as serval aspects have been sifted and scrutinized by various best minds of the industry yet the popular maxim that there is always room for improvement which makes us to take a plunge and outline the existing apparent error, inconsistency, dichotomy in the noble document and offering with certain suggestions to remove the anomaly to the possible extent and in the process turn it to an enviable document akin and analogues to standard international document like FIDIC of EPC Contract.
出版年：	2018
论文唯一标识：	I-75Y2018V46N04004
英文栏目名称：	Technical Papers
期刊名称：	Indian Highways
拼音刊名(出版物代码)：	I-75
卷：	46
期：	04
页码：	11-22