In a PPP Contract, a dispute resolution provision typically specifies:
(1) the governing law of the PPP Contract (if not specified in a different clause);
(2) an obligation to attempt to reach a quick and amicable settlement;
(3) a provision for the resolution of specific technical disputes by an independent expert;
(4) a recourse to either (a) the courts that will have jurisdiction to determine the dispute or (b) international arbitration to finally determine all disputes not informally resolved or resolved by expert determination. An arbitration clause should specify the "seat" of arbitration and usually also incorporates by reference institutional procedural rules. It may also set out certain bespoke procedural rules to govern the arbitration process and joinder and consolidation provisions in the event the dispute concerns multiple related contracts and/or multiple parties and where arbitration selected;
(5) an obligation to continue performance of the PPP Contract during the resolution of the dispute;
(6) where appropriate a waiver of sovereign and other immunities and consent to enforcement and execution; and
(7) the allocation of costs.