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UNCITRALThird International Colloquium on Public-Private Partnerships (PPPs) UNCITRALThird International Colloquium on Public-Private Partnerships (PPPs)

UNCITRALThird International Colloquium on Public-Private Partnerships (PPPs) - PowerPoint Presentation

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UNCITRALThird International Colloquium on Public-Private Partnerships (PPPs) - PPT Presentation

2324 October 2017 Vienna Experts for Chapter VI October 2017 Possible future work on PPPs Updating of Chapter VI in order to incorporate new developments Recognition of partnershiplike relationships synallagmatic triallagmas whereby the incomestream is generated from the market that is ID: 651667

ppps chapter work proposals chapter ppps proposals work future dispute disputes investment arbitration boards prevention adjudication recommendation commercial building

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Slide1

UNCITRALThird International Colloquium on Public-Private Partnerships (PPPs)23-24 October 2017, Vienna

Experts for Chapter VI

October 2017Slide2

Possible future work on PPPs

Updating of Chapter VI in order to incorporate new developments

Recognition of partnership-like relationships (synallagmatic triallagmas) whereby the income-stream is generated from the market, that is, a third

party

PROPOSALS FOR CHAPTER VISlide3

Possible future work on PPPs

Putting emphasis on best practices of the settlement of disputes such as the use of dispute adjudication boards (instead of dispute review boards) as dispute prevention mechanism

Dispute Adjudication Boards should preferably be standing boards and not

stand by

One dispute board should suffice for all contracts involved

PROPOSALS FOR CHAPTER VISlide4

Possible future work on PPPs

Separation of commercial arbitration from investment arbitration and extend comments about the latter

Infrastructure projects are normally being structured under international investment agreements.

PROPOSALS FOR CHAPTER VISlide5

Possible future work on PPPs

The distinction between (pre-) selection of the concessionaire disputes and disputes between the contracting authority and the concessionaire should be maintained

With respect to pre-selection disputes a reference may be included to the UNCITRAL Model Law on Government Procurement

PROPOSALS FOR CHAPTER VISlide6

Possible future work on PPPs

Issues of the governing law and the place of arbitration (preferably different from the project’s site) should be addressed

PROPOSALS FOR CHAPTER VISlide7

Possible future work on PPPs

Use of liquidated damages formulas to avoid lengthy disputes in both commercial and investment arbitration (Murphy v. Ecuador)

Recommendation of partnering approach using techniques such as “Front-End-Engineering Design” (FEED), Building Information Modelling (BIM) and “open book” approach in construction contracts

PROPOSALS FOR CHAPTER VISlide8

Possible future work on PPPs

Partnering would also be favoured through FEED (Front end Engineering Design), which focuses on the technical requirements as well as rough investment cost for the project, and BIM (Building Information Modelling), that is an intelligent 3D model-based process

PROPOSALS FOR CHAPTER VISlide9

Possible future work on PPPs

Recommendation to use modern claim mechanisms in order to allow for contract adaption and modification, in particular, for unforeseen circumstances as part of dispute prevention

Expanded guidance on dispute prevention and resolution

PROPOSALS FOR CHAPTER VI