Dispute Boards for Public Private Partnership (PPP) Projects

 PPPs are an increasingly popular form of procurement for infrastructure and major development projects globally. There are two main types - the availability-based arrangement and a concession-based arrangement. An overview of these types, including common features and structure, are available in Chapter 10 of the Dispute Board Manual (free download).

In a PPP project, the potential for disputes among contracting parties is high and the need to avoid disputes and maintain working relationships over the life of the project is even greater than in a typical contract situation. For these reasons, the DRBF has formed a PPP Task Force to assist parties with the successful adoption of the Dispute Board process for these contracts.

The PPP Task Force consists of lead representatives from key regional perspectives: Kurt Dettman (Chair, USA), Serge Bodart (Switzerland), Ron Finlay (Australia) and Linda Konrath (USA). Regional Task Force members include:

Region 1 (US):  Linda KonrathHugo FontirroigAdam NicolopolousMatt PollackAaron Toppston; (Canada) Will Buchner and Graeme Greene.

Region 2 (Africa, Asia, Europe): Serge Bodart, Lindy Patterson, Rabab Yasseen, Doris Chevalier, Jim Perry, Paul Taggart, Leonardo Carpenteri and Mark Moseley

Region 3 (Australia & New Zealand): Barry Tozer, Sameh Ibrahim, Pamela Jack and Robert Fenwick Elliott.  

Resources 

DRBF White Papers:
Recommended Best Practices for Use of Dispute Boards on PPPs in U.S. and Canada
Guidance on the Use of Dispute Boards for Public Private Partnerships (International)

Articles:
Dispute Prevention Approaches in PPPs - Practical Issues by Serge Bodart
World Bank Experience with PPPs by Mark Moseley

Videos:
Law & Justice Development Week 2013: PPPs - Kurt Dettman
P3 Airport Summit: Innovative Ways to Avoid Construction Disputes - Robert Cedeno, Harold McKittrick, Deborah Mastin, and Elizabeth Tippin
P3 Water Summit - Joseph Gildner and Elizabeth Tippin