确认仲裁及其在PPP合同过程管理中的适用

Arbitration of Confirmation and its Application in PPP Contracts Management

确认仲裁是指仲裁庭根据当事人的请求和仲裁规则,对当事人之间签订的合同或就解决争议达成的和解、调解协议进行审查和认定,依法评判该合同或协议的效力并决定是否给予法律确认的仲裁行为。确认仲裁能够分解风险,保障政府与社会投资方之间的平等地位,为PPP合同后续争议的解决提供便利。我国应当加紧完善关于确认仲裁的实体规范,提供切实可行的程序规则和相关审理制度,以推进其在实务中发挥作用,在PPP合同过程管理中规范化、常态化运行。

Arbitration of Confirmation means that the arbitral tribunal shall examine and confirm the contract signed between the parties or the settlement and settlement agreement reached between the parties in accordance with the party ＇s request and arbitration rules,judge the validity of the contract or agreement according to law and decide whether to give legal confirmation.Arbitration of Confirmation is an innovative and optimized model for ordinary arbitration and that it can play a unique role in specific types of cases. By introducing the Arbitration of Confirmation into the process management of PPP contracts while regulating its application,it imposes a very active role in the breaking down of the risks in the long process of the PPP contracts,while ensuring equality between government and private capitals,in addition to it being a provider of an effective dispute solution mechanism for the PPP contract disputes.