Arbitrability of Disputes Involving International Public-Private Partnership Contracts: Perspectives from China, the EU and the UK.

Korte beschrijving

PPPs represent long-term arrangements between public authorities and private entities for the delivery of infrastructure or public services. Owing to the involvement of state entities and the interplay between administrative functions and contractual rights in PPP contracts, the arbitrability of such disputes remains a challenge. This dissertation explores whether and to what extent international PPP contract disputes can be resolved through arbitration within China, the EU and the UK. Through a comparative analysis, this dissertation finds that factors such as the legal nature of PPP contracts, the merits of PPP disputes, and the public interest, independently or cumulatively, influence the arbitrability of PPP contract disputes. The status of a state entity does not, in itself, preclude public entities from participating in arbitration. Once an international PPP contract contains a valid arbitration clause, the state entity cannot invoke sovereign immunity to avoid arbitration proceedings.