Wed Sep 8 AEST (10 months ago)
In your timezone (EDT): Tue Sep 7 8:00pm - Tue Sep 7 9:00pm
Investors and financiers to Australian PPPs are becoming increasingly concerned about inadequacies in traditional dispute resolution mechanisms within the key PPP contracts, and their potential to expose the SPV to unfunded gap risk arising from the determination of linked claims.
Some massive disputes on Australian PPPs are focussing many minds on the issue!
This webinar will:
• consider the weaknesses in the linked-claim and dispute resolution processes currently used on Australian PPPs;
• discuss how these weaknesses expose equity investors and debt financiers to the risk of unfunded liabilities;
• discuss how PPP dispute resolution processes can be improved, including through:
• the use of appropriately structured dispute avoidance boards and
• the consolidation of parallel arbitrations;
• adopting litigation, rather than arbitration, as the final dispute resolution process;
• consider the role that government and others can play to close the gap.
Ron Finlay AM
Founding Principal, Finlay Consulting
Founding Principal, Infralegal
Senior Legal Counsel, John Holland Pty Ltd / West Gate Tunnel Project
Head of Partnerships Victoria, Victorian Department of Treasury and Finance
Freelance infrastructure consultant
Tania White, Principal Lawyer, Cross The T Legal