Better dispute resolution for PPPs
Privately financed PPPs raise some unique dispute resolution challenges because of the contractual structure adopted to access limited recourse debt finance. The ‘gap risk’ that these challenges pose to equity investors and debt financiers is becoming more widely appreciated in the Australian PPP market as a result of some PPP disputes that are currently in play. This article, which Owen Hayford has co-authored with Dominic Mueller, unpacks these challenges before suggesting some solutions.
