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 the 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 project. For these reasons, the DRBF has formed a PPP Task Force to assist parties with the successful adoption of the Dispute Board process for PPP projects.

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 Konrath, Hugo Fontirroig, Adam Nicolopolous, Matt Pollack, Patricia Sulser, Aaron 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 | Published: July 2015
Guidance on the Use of Dispute Boards for Public Private Partnerships (International) | Published: April 2017
DRBF - CalPoly Pomona Study Report: The Effective Use of Dispute Boards on Public Private Partnership Infrastructure Projects in the USA | Published: May 2022

Articles:
Dispute Prevention Approaches in PPPs - Practical Issues by Serge Bodart | Published: February 2016
World Bank Experience with PPPs by Mark Moseley | Published: February 2016 

Presentations:
Load the Wagon: Use of DRBs in P3 Infrastructure Projects

Videos:
Law & Justice Development Week 2013: PPPs - Kurt Dettman | Published: November 2014
P3 Airport Summit: Innovative Ways to Avoid Construction Disputes - Robert Cedeno, Harold McKittrick, Deborah Mastin, and Elizabeth Tippin | Published: September 2020 
P3 Water Summit - Joseph Gildner and Elizabeth Tippin | Published: July 2020