The FIDIC Conditions of Contract and Domestic Construction Law: A Guide for Global Dispute Resolution

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· Kluwer Law International B.V.
Ebook
432
Pages
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About this ebook

Parties to an international construction contract often use the standardized set of contract terms published by the International Federation of Consulting Engineers known as the FIDIC Conditions. However, FIDIC terms apply within the boundaries of domestic law, which not only governs the formation, interpretation, and validity of FIDIC contracts but also fills gaps and shapes the expectations of the respective parties or decision-makers in disputes. Thus, it is of great importance that parties and their counsel are thoroughly informed of how the applicable law applies to the contract—a matter comprehensively covered in this country-by-country description and analysis of applicable law.

Seeking to mitigate the risk of disputes—and detailing how to proceed when a dispute arises—and with abundant reference to case law, contributions by leading practitioners and academics in each country examine such issues and topics as the following:

  • cultural and legal differences between business actors;

  • how domestic law determines the formation, interpretation and validity of FIDIC contracts,

  • how domestic law can be used to fill gaps and complement the FIDIC Conditions;

  • drafting particular conditions of contract.

A strong understanding of how FIDIC terms interact with domestic law helps parties assess their obligations during the contract’s performance and resolve disputes globally. Accordingly, this systematic analysis of the interplay between the FIDIC Conditions and domestic construction law in numerous jurisdictions worldwide will prove of immeasurable value to international construction firms, in-house counsel, and construction law professionals.

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