The Partnership Contract, as discussed earlier, must be drafted in a manner dissimilar to traditional government contracts given that it needs to retain enough flexibility to adjust to changes over the concession period. Changes to key, agreed elements of the Partnership Contract after signing must be taken carefully with due consideration and thorough review, ideally by a formal agency or committee set up by the Government Entity, which will review its budgetary impact as well as its effect on VfM calculations.
Additionally, there should also be a clear, swift dispute resolution mechanism in place to deal with the settlement of any disputes that might arise during the Project Lifecycle. While disputes can be avoided through careful negotiations and contract drafting before the signing phase, transparent and fair resolution procedures will only serve to increase private sector confidence and make them more likely to participate in future Projects. For Dubai's PPP market, where international Bidder expertise might be particularly valuable, it is recommended that international arbitration practices are followed and that out-of-court methods of dispute settlement are encouraged in order to avoid investors from being trapped in legal wrangles. Contract termination procedures, as well as deciding how, whether, and when re-negotiation with the Private Party should occur must also be considered while drafting the Partnership Contract, and should be agreed upon before signing.