On The Legal Nature And Arbitrability Of The PPP Project Contract

PPP(Public-Private Partnerships),also known as PPP mode,the "mode of cooperation between government and social capital",means that the government and social capital provide public products and services in a cooperative way.PPP mode includes two meanings: one is the various public-private partnerships that have been established to meet the needs of public goods and services;and the other is the long-term partnership established by the government and social capital for the implementation of large-scale public projects.The PPP model embodies a new concept in the way of production of public infrastructure,products and services.The model is to encourage government and social capital to work together,both parties to participate in the building of public infrastructures,and the resources available to social capital are applied to the supply of public goods and services,so as to achieve a win-win result of sincere cooperation more favorable than acting alone.However,the legal nature of the PPP project contract,which is the core of the PPP project,has no unified conclusion at present.Whether the nature of the contract is a civil contract or an administrative contract or a mixed contract has different opinions from the theoretical and practical circles,and the relevant laws and regulations are not be clear.The lack of legislation seriously affects the development of the PPP model.The unclear legal nature of the PPP project contract will cause the project dispute to be hindered by the choice of solutions and cause confusion in the practical application of the dispute mechanism.In addition,PPP project contract disputes whether can be resolved in arbitration methods,and how to apply is also a hot topic nowadays.This paper analyzes the problems existing in the case of Bazhong Municipal People's government and Sichuan Bawan Expressway Co.,Ltd.to confirm the validity of the arbitration agreement,and discusses the nature of the PPP project contract and the arbitration problem.In addition to the introduction and conclusion,there are four parts in this paper,which is about 30,000 words totally.The first part briefly introduces the basic situation of Bazhong Municipal People's government and Sichuan Bawan Expressway Co.,Ltd.to confirm the validity of the arbitration agreement.The author sums up the focus of controversial : "the nature of the PPPproject contract and the validity of the arbitration clause in the PPP project contract".The second part is the legal analysis of PPP project contract.This part introduces the general theory of PPP project contract and analyzes the nature of PPP project contract from theory and practice.Then,it analyzes the legislation and practice of PPP dispute settlement mechanism.The third part is the analysis and conclusion of this case.This part of the analysis is based on the second part of the relevant theory,combined with the court's trial logic,to reach the conclusion of the case:The PPP project contract is a mixed contract with both civil nature and administrative nature.In the choice of the dispute mechanism,the nature of the specific content of the dispute should be analyzed concretely to judge whether the arbitration mechanism can be applied.The four part is the enlightenment from the case.The nature of PPP project contract has both civil and administrative nature.Therefore,we should specifically analyze the nature of the specific disputes involved in the contract,and divide the contents of the PPP project contract into two parts,administrative behavior is easier to distinguish.In the process of signing contracts,the administrative actions such as administrative license can be transformed through contract terms,and the disputes arising from them can be applied to arbitration.However,due to the particularity of PPP project contract,arbitration institutions should take full account of the balance between public interests and private interests in the process of arbitration,ensure the smooth operation of the project and the participation of professionals,so as to properly solve dispute.