Resolving disputes in concession contracts under the private-public partnership model

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The public-private partnership (PPP) model refers to a cooperative partnership relationship between a government and a private entity based on a concession agreement in order to provide a certain public good or service. The parties clarify their rights and obligations in executing the contract so as to ensure smooth completion of the project – and ultimately achieve a more beneficial result than if they had acted separately.

Concession agreement disputes

Sun_Yan
孙彦 Sun Yan

Concession agreements are the foundation of the PPP model and are instrumental to regulating the rights and obligations of the government and the private entity. As the target project involves a public product or service, the agreement pertains to the government, private entity and the public. If a dispute arises, the question is how to resolve it.

Tian Yuan previously acted as counsel for a Xinjiang municipal government in a dispute with a Xinjiang-based company over a natural gas utilization project contract. In the dispute, we looked into dispute resolution in relation to concession agreements. In the end, our efforts were endorsed by the Supreme People’s Court (SPC).

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Sun Yan is a partner of the Beijing office of Tian Yuan Law Firm. He can be contacted on +86 10 5776 3588/3881 or by e-mail at sy@tylaw.com.cn