DISPUTE RESOLUTION IN PUBLIC-PRIVATE PARTNERSHIPS (PPPS) CONTRACTS IN NIGERIA

Authors: *Sanni G.A, Adebiyi J.O

DOI Info: N/A

ABSTRACT

Disputes are residual risks inherent in public-private partnership (PPP) projects due to multiple contracts involved. This study examined dispute resolution techniques (DRTs) used in PPP contracts administration in Nigeria and the specific objectives were to identify DRTs used, criteria for selecting DRTs and developing a framework for enhanced selection of the techniques. Survey questionnaires were used to collect primary data from the study populations. The populations comprised PPP projects consultants, contractors, subcontractors, suppliers, private organisations, public organisations and facility users. Discussion between the parties, arbitration, and fast track resolution process were the most commonly used techniques of dispute resolution. Litigation, expert determination and dispute resolution board (DRB) were the least used techniques. Factor analysis (FA) was used to determine the criteria for selecting DRTs. Five criteria were extracted and these are:contractual relationship, business interest, remedy requirements, flexibility of DRT, and organizational policy on dispute management. Technical, operation and social disputes were preferred to be resolved through alternative dispute resolution. Arbitration was the most preferred technique for settling construction and financial/economic disputes while litigation was considered the most suitable technique for resolving legal and political disputes.

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