A legal analysis of successful and problematic Build Operate and Transfer (BOT) projects in Malaysia

The Malaysian government has adopted the Build Operate Transfer (BOT) project contractual arrangement for developing public infrastructure projects like highways and railways. In an effort to balance the economic and social needs of the community, the government has introduced a policy and legal fra...

Full description

Bibliographic Details
Main Authors: Markom, Ruzian, Engku Ali, Engku Rabiah Adawiah
Format: Article
Language:English
Published: Universiti Malaysia Sarawak 2012
Subjects:
Online Access:http://irep.iium.edu.my/28583/
http://irep.iium.edu.my/28583/1/A_Legal_AnalysisRuzian_Markom.pdf
_version_ 1848779989073264640
author Markom, Ruzian
Engku Ali, Engku Rabiah Adawiah
author_facet Markom, Ruzian
Engku Ali, Engku Rabiah Adawiah
author_sort Markom, Ruzian
building IIUM Repository
collection Online Access
description The Malaysian government has adopted the Build Operate Transfer (BOT) project contractual arrangement for developing public infrastructure projects like highways and railways. In an effort to balance the economic and social needs of the community, the government has introduced a policy and legal framework to address the issue. The aim of this article is to study factors contributing to both successful and problematic BOT projects in Malaysia. The analysis reveals that there are common underlying factors contributing to the success of BOT projects such as: sound policy and regulatory framework, strong government support, clarity of project formulation and documentation, responsible sponsors and fair deals for all parties. On the other hand, the factors contributing to the problematic projects are individualised. Finally, steps to overcome the problems are elucidated to improve the efficiency and effectiveness of both BOT legal technique and privatisation in general.
first_indexed 2025-11-14T15:26:32Z
format Article
id iium-28583
institution International Islamic University Malaysia
institution_category Local University
language English
last_indexed 2025-11-14T15:26:32Z
publishDate 2012
publisher Universiti Malaysia Sarawak
recordtype eprints
repository_type Digital Repository
spelling iium-285832014-08-18T22:39:05Z http://irep.iium.edu.my/28583/ A legal analysis of successful and problematic Build Operate and Transfer (BOT) projects in Malaysia Markom, Ruzian Engku Ali, Engku Rabiah Adawiah K Law (General) The Malaysian government has adopted the Build Operate Transfer (BOT) project contractual arrangement for developing public infrastructure projects like highways and railways. In an effort to balance the economic and social needs of the community, the government has introduced a policy and legal framework to address the issue. The aim of this article is to study factors contributing to both successful and problematic BOT projects in Malaysia. The analysis reveals that there are common underlying factors contributing to the success of BOT projects such as: sound policy and regulatory framework, strong government support, clarity of project formulation and documentation, responsible sponsors and fair deals for all parties. On the other hand, the factors contributing to the problematic projects are individualised. Finally, steps to overcome the problems are elucidated to improve the efficiency and effectiveness of both BOT legal technique and privatisation in general. Universiti Malaysia Sarawak 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/28583/1/A_Legal_AnalysisRuzian_Markom.pdf Markom, Ruzian and Engku Ali, Engku Rabiah Adawiah (2012) A legal analysis of successful and problematic Build Operate and Transfer (BOT) projects in Malaysia. International Journal of Business and Society, 13 (2). pp. 133-150. ISSN 1511-6670
spellingShingle K Law (General)
Markom, Ruzian
Engku Ali, Engku Rabiah Adawiah
A legal analysis of successful and problematic Build Operate and Transfer (BOT) projects in Malaysia
title A legal analysis of successful and problematic Build Operate and Transfer (BOT) projects in Malaysia
title_full A legal analysis of successful and problematic Build Operate and Transfer (BOT) projects in Malaysia
title_fullStr A legal analysis of successful and problematic Build Operate and Transfer (BOT) projects in Malaysia
title_full_unstemmed A legal analysis of successful and problematic Build Operate and Transfer (BOT) projects in Malaysia
title_short A legal analysis of successful and problematic Build Operate and Transfer (BOT) projects in Malaysia
title_sort legal analysis of successful and problematic build operate and transfer (bot) projects in malaysia
topic K Law (General)
url http://irep.iium.edu.my/28583/
http://irep.iium.edu.my/28583/1/A_Legal_AnalysisRuzian_Markom.pdf