Egypt: Smallholder contract farming for high-value and ... - IFAD
Egypt: Smallholder contract farming for high-value and ... - IFAD
Egypt: Smallholder contract farming for high-value and ... - IFAD
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Crops<br />
It is clear that the production of organic horticultural produce provides the best return to the<br />
individual smallholder. However, the smallholders who may be assisted are not so numerous as the<br />
producers <strong>for</strong> the export <strong>and</strong> domestic <strong>value</strong> chains. It is there<strong>for</strong>e important that interventions<br />
supporting the horticulture sector adopt a balanced approach that encompasses organic crops,<br />
conventional export crops <strong>and</strong> crops <strong>for</strong> the domestic <strong>value</strong> chain.<br />
Recommendations<br />
Policy issues<br />
Several policy issues that are believed to increase significantly the number of smallholders involved<br />
in horticulture production <strong>for</strong> export must be addressed; it is also important to increase the return<br />
to smallholders derived from supplying the traditional domestic <strong>value</strong> chains.<br />
Contract en<strong>for</strong>cement. As a matter of <strong>high</strong> priority, new institutional arrangements should be<br />
developed <strong>for</strong> the resolution of disputes between farmer associations <strong>and</strong> exporters. Such<br />
institutional arrangements would contribute significantly to the rapid development of <strong>contract</strong><br />
<strong>farming</strong> <strong>and</strong> the establishment of farmer associations. The most appropriate method <strong>for</strong> settling<br />
disputes is arbitration, which has the following advantages:<br />
• Arbitrators with an appropriate degree of expertise would be appointed; this is usually not the<br />
case in the juridical system.<br />
• Arbitration is often more rapid than litigation within the courts.<br />
• Arbitration proceedings are less <strong>for</strong>mal than litigation within the courts.<br />
• Arbitration awards are private.<br />
• The arbitration process is more flexible than the courts.<br />
• There are limited avenues <strong>for</strong> the appeal of an arbitration award, which can mean that<br />
en<strong>for</strong>cement is more rapid <strong>and</strong> that there is less scope <strong>for</strong> a party to delay proceedings, which<br />
also results in lower costs.<br />
The main disadvantages of a specialized arbitration body are the following:<br />
• If there are multiple arbitrators on a panel, juggling schedules <strong>for</strong> hearing dates may lead<br />
to delays.<br />
• Arbitration awards allow fewer en<strong>for</strong>cement remedies than do judgments in the juridical system.<br />
• Arbitrators are generally unable to order interlocutory measures against a party, making it<br />
easier <strong>for</strong> a party to take steps to avoid en<strong>for</strong>cement.<br />
It is recommended that the arbitration service be carried out by an arbitration body under the<br />
auspices of one of the recognized professional associations or a consortium of professional<br />
associations <strong>and</strong> farmer associations. The arbitration body would rely on trained <strong>and</strong> qualified<br />
panels of arbitrators from which litigants can chose. These would be responsible <strong>for</strong> all the<br />
administrative aspects of the arbitration process.<br />
In drawing up the framework <strong>for</strong> the horticulture sector arbitration body, one should <strong>for</strong>m a task<br />
<strong>for</strong>ce from the onset that includes representatives from the relevant sectors, specific professional<br />
associations <strong>and</strong> members of farmer associations. The task <strong>for</strong>ce should be supported by relevant<br />
technical assistance in developing the arbitration framework. The most important elements of the<br />
framework would include establishing the rules to be followed, the model arbitration clause <strong>for</strong><br />
<strong>contract</strong>s, the procedures <strong>for</strong> appointing arbitrators in the case of conflicts, the distribution of the<br />
costs of arbitration among disputing parties, <strong>and</strong> the time frame <strong>for</strong> settling disputes.<br />
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