Act for Promotion of Private Participation in Infrastructure Projects Article 48-1

The concession agreement shall set forth the formation of a coordination committee for contract dispute coordination, and may stipulate that disputes shall be submitted to arbitration if the coordination fails.Unless otherwise provided in the concession agreement, disputes over contract performance may be submitted to coordination by the coordination committee, or application may be filed to request mediation of disputes over contract performance by a contract performance dispute mediation committee organized by the competent authority. Where an application for mediation is filed by the private institution, the authority-in-charge shall not reject such mediation. If the coordination or the mediation fails, the parties may agree to submit the dispute to arbitration.Unless otherwise provided in this Act, the provisions for mediation in the Code of Civil Procedure shall apply mutatis mutandis to the procedure for and the effects of the contract performance dispute mediation committee’s handling disputes over contract performance.The contract performance dispute mediation committee shall have nine to thirty-five members, who shall be appointed from high-ranking officers of the competent authority or be impartial people having expertise in engineering, finance, or law. Of the members, three at the most may be appointed from high-ranking officers of the competent authority, and such members shall not exceed one-fifth of the total members. The regulations for the organization of the contract performance dispute mediation committee, the term of office and the selection of the members, and other related matters shall be prescribed by the competent authority.Mediation fee, appraisal costs, and other necessary fees shall be payable for application for mediation of disputes over contract performance. The items of collected fees, the collection criteria, the payment method, and the regulations for sharing the fees and costs, and other relevant matters shall be prescribed by the competent authority.