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Dispute Resolution Mechanism of Public-Private Partnership in China: Whither Arbitration?

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2019, (27), pp.81-111
  • DOI : 10.31839/ibt.2019.10.27.81
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : September 23, 2019
  • Accepted : October 10, 2019
  • Published : October 31, 2019

Dapeng Chen 1 yiyuchen 2

1Central South University
2Law School, Renmin University of China

Accredited

ABSTRACT

With the promotion of PPP in full swing in China, the promulgation of PPP's regulations, rules and policies is also in full swing. Among issues and conflicts in legislation and practice of PPP in China, dispute resolution mechanism is of urgency and importance since disputes will spring up as more projects launch and The Belt and Road Initiative spurs international PPP projects and ensuing disputes. This paper serves as the first step of my research scheme and focuses on the comprehensive dispute settlement mechanism of PPP project contract with attention to its arbitrability, holding that it is better to judge the arbitrability of a PPP dispute based on the nature of the dispute reasons. This paper also discusses the cause and situations of problems and gives suggestions as well as tells my direction of further work.

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