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Settlement of BOT Investment Contract Disputes in China
Author: Xiaoliang Jiang Translator: Ting Fei
Abstract
That paper starts talking of the imperfect of Chinese laws on the BOT Investment Contract. Then through analyzing the conflict between BOT investment and Chinese laws, it suggests arbitration as a way to settle BOT contract disputes to protect investors’ reasonable rights and interests. It also clarifies the author’s view that how to express the Arbitration Contract in a BOT Contract.
Key words
BOT [Built-Operate-Transfer] dispute settlement arbitration agreement
Introduction
BOT[Built-Operate-Transfer] means the government grants investment enterprises operational concessionaire within a period of time, permits them to construct and administrate certain public infrastructures by financing, and authorize them to pay off loans, reclaim investment and make a profit through charging from users or selling products. At the expiration of concessionaire period, the infrastructure shall be transferred to the government without any expense. In such a legal relation, one subject is local government, and the other is investment enterprises. Their mutual rights and obligations relations are established by signing BOT Investment Contracts. The investment, construction and operation of the BOT projects are constituted by a series of contracts, in which the BOT Investment Contract plays a vital role as the backbone, while the dispute settlement clause of BOT Investment Contracts yet is one of the necessary parts in the contracts.
1. Chinese regulations on BOT investment
So far, China hasn’t got the special legislation relating t ...