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|Keywords: ||促進民間參與公共建設法;爭議處理協調委員會;履約爭議;Public Private Partnerships;Private Participation, Mediation Committee;Dispute Resolution|
|Issue Date: ||2014-10-15 17:28:25 (UTC+8)|
;In Taiwan, 886 public construction projects involve private participation since the “Act for Promotion of Private Participation in Infrastructure Projects” (the PPP Act) was enacted in 2001. These projects generally require relatively large amount of financial investments from private sectors. Even though contractual clauses are always defined as clear as possible in a concession contract based on the PPP Act, disputes between the Parties of the concession contract; i.e., the government agency and the private investors, occur very often during the long period of contract performance. To resolve such disputes, a mediation committee is usually set up after the disputes occur, even though many contracts require the committee be immediately formed after the concession contracts are signed. The “Enforcement Rules of Act for Promotion of Private Participation in Infrastructure Projects” (the PPP Rules) states in the 22nd Article that “the concession agreement should state when and how to form a mediation committee and its operation procedures, in order to coordinate and manage the execution of the contract and other disputes.” Since the PPP Rules enforce the power of the mediation committee and the use of the committee as a priori, no other dispute resolution methods such as arbitration can be used unless the mediation committee permits. However, there are no specific details stated in the PPP Rules in describing how to form or operate the committee, nor how the decisions of the committee be enforced between the contractual parties. Thus, this research collects related laws and concession contracts in Taiwan, UK and Japan then makes comparisons among them. Details of the formations and operation procedures of various mediation committees are identified and evaluated. Suggestions to the formation, operation procedures, and detailed regulations of the mediation committee are then proposed accordingly.
|Appears in Collections:||[營建管理研究所 ] 博碩士論文|
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