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The Autonomy of the Arbitration Agreement in Public-Private Partnership Projects
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Shahram Ebrahimi1   , Abbas Yosr Qazi Al-Faisal2 |
1- Assistant Professor, Faculty of Law, University of Payame Noor, Tehran, Iran.
2- PhD Student, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (5 Views) |
| Despite the importance of public-private partnership (PPP) contracts in achieving economic and social development goals, the contractual relationships and immunity arising from them raise legal and practical challenges regarding dispute resolution. These challenges involve determining the authorities competent to adjudicate disputes in PPP contracts—where public entities hold a privileged contractual position compared to private contractors—and identifying the applicable law, especially when the contractor is foreign. Furthermore, the inability of the judiciary alone to resolve administrative contract disputes, particularly those with an international character, justifies the imperative to seek other effective mechanisms for resolving PPP disputes—especially international ones—away from the complex procedures of litigation. Perhaps the most significant of these mechanisms is arbitration, which serves as a parallel system to the judiciary, where arbitrators are resorted to for resolving PPP disputes, thereby removing the conflict from the jurisdiction of administrative courts and freeing it from complex litigation procedures, especially in light of the rapid development of communication, agreement, cooperation, and technological means. |
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| Keywords: Arbitration, Partnership Agreement, Arbitration Valuation System. |
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Full-Text [PDF 558 kb]
(2 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/09/18 | Accepted: 2026/09/24 | Published: 2026/09/24
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