GAMESMANSHIP, third parties and arbitration: reflecting on the paradigm of PPP disputes
AbstractDisputes occurring in PPP projects pervade three interfacing levels of agreements: internal, downstream, and peripheral. PPP disputes have been free from arbitral dispute resolution and their legal environment is uncertain and deregulated. While project partners appear to have a natural monopoly of joining parties in the supply chain to their pending disputes, their decision is often driven by diversified expectations and conflict agendas. Analysis will investigate parameters of risk exposure as a business imperative of the parties’ choice of multiparty arbitration. Emphasis throughout is put on the game-playing capabilities of original and third project parties and the concomitant formulation of pairs, prior to their participation in a single arbitral setting. The impact of their synergistic interplay on the outcome of multiparty arbitration is also explored. The aim is to test the responsiveness of English law and institutionalised practice to the idiosyncrasies of PPP disputes. The results of this study seek to conceptualise multiparty arbitration as part of the parties’ informed business plans and alert legal researchers and industry practitioners to workable institutional arrangements.
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Bibliographic InfoPaper provided by University Library of Munich, Germany in its series MPRA Paper with number 9839.
Date of creation: Sep 2007
Date of revision:
joinder; multiparty arbitration; risk;
Find related papers by JEL classification:
- K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
- D74 - Microeconomics - - Analysis of Collective Decision-Making - - - Conflict; Conflict Resolution; Alliances
- K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
- F21 - International Economics - - International Factor Movements and International Business - - - International Investment; Long-Term Capital Movements
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
This paper has been announced in the following NEP Reports:
- NEP-ALL-2008-08-21 (All new papers)
- NEP-LAW-2008-08-21 (Law & Economics)
- NEP-PPM-2008-08-21 (Project, Program & Portfolio Management)
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