Author: Wang Jihong
As Chinese laws are silent on the question of the ownership of project facilities during the term of a concession, this is an issue that parties carefully avoid when negotiating concession projects. However, this sensitive issue is always present, and investors and government authorities must ultimately face it. Examining various provisions of current laws, we are of the opinion that the ownership of project facilities during a concession term should vest in the concessionaire (the project company).
