Arbitrability of disputes related to International Public-Private-Partnership Agreements

An International PPP project oftentimes implies a substantial and long-term contractual arrangement between one or more foreign investors and a host state’s government and/or companies. The parties oftentimes agree on arbitration to solve disputes that may arise out of this contractual relationship. Time-efficiency, expertise of the arbitrators, and the neutrality of this forum are often cited reasons for this choice. There is, however, some controversy surrounding the desirability and legitimacy of arbitration as a means to resolve international PPP disputes. Both in China as well as in other countries like Brazil and France, the arbitrability of these disputes is called into question. The proposed research will address the question of whether international PPP contractual disputes can be subject to arbitration.