City infrastructure with orange colour overlay

Dispute Resolution and Termination

This module highlights the specific practical matters that can arise in the context of a JV dispute involving a mega infrastructure project and outlines key areas that a JV Agreement should cover in successfully mitigating against disputes and deadlocks.

Parties must focus not only on the formation of a joint venture but pay equal attention to how to deal with possible disputes and consider their exit strategy. This is a difficult discussion to have at the start of a commercial relationship, but one that needs to be addressed in detail upfront.

This module examines the various options available for dispute resolution and what should happen in the event of termination.

Stephen Fox CBE

CEO, BAM Nuttall

Using a Dispute Avoidance Board on complex mega infrastructure projects allows the JV and other parties to agree early resolution of disagreements before they become full blown disputes
Lewis Dean

Dr. Dean Lewis

Partner, Co-head of International Arbitration

Our experience suggests that a failure to consider appropriate exit strategies puts JV partners at risk of a prolonged dispute resolution and a higher exposure under the project underlying agreements.

Key Considerations

  • Understand the varied nature of JV disputes
  • Use a multi-tiered dispute resolution scheme
  • Use a Disputes Avoidance Board
  • Consider international arbitration as the final dispute resolution option
  • Understand the JVs obligations towards its counterparties
  • Impact of termination of a JV Agreement for a pre-bid JV Agreement
  • Consider consequences of termination of a JV Agreement
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