By S&S Co. Advocates & Solicitors · Published 21 July 2026 · Informational content, not legal advice
About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.
Concession agreements for airport, port and similar infrastructure services usually fix the concessionaire's revenue-share or fee obligation in a negotiated formula. Disputes arise when the granting authority or operator issues a circular or policy that purports to change that percentage, particularly with effect from a period already under way.
The general principle is that a negotiated revenue-share term is a contractual obligation. An administrative circular of general application does not, by itself, override it. Revisions are ordinarily expected to follow the route the agreement itself provides, such as an amendment clause, a change-in-law clause or a tariff-determination mechanism, with the concessionaire's participation.
A concessionaire that disputes a unilateral revision typically considers interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, or a civil or writ remedy, depending on the contract and the character of the authority. Whether relief is available turns on the wording of the agreement and the facts, and an authority is generally free to pursue a prospective revision through the contractual route.
Key Points
- Revenue-share terms are contractual and are changed through the agreement's own amendment or change-in-law route.
- Interim relief under Section 9 of the Arbitration and Conciliation Act is commonly considered where the agreement has an arbitration clause.
- Keep written objections and payment records from the first notice of a revision.