international arbitration and project strongfinancestrong in developing.pdf

Boston College International and Comparative Law R eview Volume 26 Article 9 Issue 2 Sy mp osium: Science and International Trade 5-1-2003 International Arbitration and Project Finance in Developing Countries: Blurring the Public/Private Distinction Dinesh D. Banani Follow this nd dditional works t : http://l /iclr P rt of the Dispute Resolution nd Arbitr tion Commons, nd the Intern tional L w Commons Recommended Cit tion Dinesh D. B n ni, International Arbitration and Proj ect Finance in Developi ng Co untries: Blurring t he Public/Private Distinction, 26 B.C. Intl Comp. L. Rev. 355 (2003), http://l /iclr/vol26/iss2/9 This Notes is brought to you for free nd open ccess by the L w Journals t Digital Commons @ Boston College L w School. It has been ccepted for inclusion in Boston College Intern tional nd Comp r tive L w R eview by n uthorized dministr tor of Digital Commons @ Boston College L w School. For more inform tion, please cont ct nick.szydlowski@. INTERNATIONAL ARBITRATION AND PROJECT FINANCE IN DEVELOPING COUNTRIES: BLURRING TilE PUBLIC/PRIVATE DISTINCTION DINESH D. BANANI* Abstract: Project Finance has become an increasingly attractive tech- nique for financing infrastructure projects in developing countries over the last twenty years. Furthermore, the use of project financing raises difficult legal issues with respect to the ability of developing countries governments to control the provision of public services that are intimately connected to these infrastructure projects. Sponsors of project finance transactions have been relatively successful in dealing with these legal issues by negotiat