On Foreign Investors In PPP Project And The Dispute Settlement Mechanism Of Inter - Government Investment In China

PPP is Public-Private Partnership, it’s a cooperation of the public and private sectorin the process of project with sharing risk and benefits. With the development of urbanization, China demands more high-quality public infrastructure and service. The government need to use the private sectors’ advanced technology and efficient management model, also need to get financing from private and society to alleviate the financial burden. All these factors spur the development of public-private partnerships(PPP) in China. As an important member of the social capital, foreign investment always have abundant capital, advanced technology efficient management mode and rich experienced, they can help to improve the quality of our PPP projects and optimize the related system.In view of Chinese PPP system’s immaturity, the government sometimes lacks the concept of equal consultation and contract spirit in the process of the PPP projects with foreign investment and the related policies always changes, so there are a lot of contradictions. But at the same time, the PPP theory and system in China is not perfect, the scope of PPP and the nature of the agreement is not clear in the law, and the provisions of dispute resolution methods are ambivalent. Can take arbitration to solve disputes, how to separate civil from administrative dispute resolution methods, how to connect different dispute settlement mechanism, all these problems need to be solved.In the process of PPP projects construction, foreign investors can choose domestic law procedure like the domestic capital, at the same time as the international investment they also can choose international arbitration.As for the domestic law procedure, this paper analysis PPP’s definition, types and the characteristics of the agreement. The agreement is comprehensive. In the agreement, the franchise part is administrative contract, while other parts are civil contract, so the settlement of dispute is different. Then the paper analysis the applicable possibility of the arbitration. For the non-administrative part, investors can choose arbitration and civil litigation, for the administrative part, they should carry out the administrative reconsideration and litigation. Finally analyses the existing problems and solutions of domestic relief.As for the international arbitration, the papers introduce the bilateral investment protection agreement and the ICSID arbitration, Washington convention, then analyzes the application of the international investment arbitration, then discussed the connect of the international investment arbitration and domestic law procedure and the implementation of the results in our country. The article finally analyzes the advantages and disadvantages of different dispute settlement means and existing problems, and get the conclusion that foreign investment should give priority to with domestic relief means of PPP projects in China, international investment arbitration as choice and complement.