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由于PPP项目合作期限较长,最长可达30年,在如此长的合作期限内,会出现各种风险。在实践中由于多种原因,部分合作双方并未严格按照相关原则分配风险,以致风险发生后,双方对相关风险责任承担产生分歧,严重影响项目进展,甚至对簿公堂。文章通过结合一起仲裁案分析了PPP项目风险分配原则在争议解决中的适用。
Due to the long cooperation term of PPP projects, up to 30 years, various risks may arise during such a long period of cooperation. In practice, due to a number of reasons, some cooperative parties did not allocate risks in strict accordance with the relevant principles, so that after the risks occurred, the two parties disagreed on the assumption of relevant risks and risks, which seriously affected the progress of the project and even implicated the court of justice. The article analyzes the application of risk allocation principle of PPP project in dispute resolution by combining the arbitration cases.