Dispute busting

摘要

Resolving disputes - not really what Operators want to consider at the outset of negotiating a PPP O&M Contract (the O&M Contact). However, a Dispute Resolution Procedure (DRP) lives with the contract for its duration. If it is not responsive to the needs of an Operator then it is the source of endless frustration as well as a hindrance to effective risk maintenance. Any PPP road project has many interconnecting contracts - the head contract being the PPP Model Contract (the Contact) and the O&M Contract obligations flowing therefrom. This contractual interdependence, coupled with a complex mix of time pressures to close and financing arrangements ensure that when drafting a DRP, adequate thought must be given to ensuring clear and unambiguous clauses which seek to facilitate the speedy and effective resolution of any disputes as they arise.