Call for articles: FIDIC Around the World
Thursday 6 July 2023
In 2016, Construction Law International initiated a series in which local practitioners answer a standard set of questions about how FIDIC works in their country. To date, CLInt has published contributions from Australia, Belgium, Bulgaria, Canada, Chile, China, Denmark, Finland, Germany, Hong Kong, Hungary, India, Ireland, Italy, Kazakhstan, the Netherlands, Nigeria, Norway, Pakistan, Peru, Poland, Russia, Singapore, Switzerland, Tanzania, Thailand, Turkey, the UAE, Ukraine and Zambia.
Please consider providing a contribution concerning your jurisdiction. The questions are:
1. What is your jurisdiction?
2. Are the FIDIC forms of contract used for projects constructed in your jurisdiction? If yes, which of the FIDIC forms are used, and for what types of projects?
3. Do FIDIC produce their forms of contract in the language of your jurisdiction? If no, what language do you use?
4. Are any amendments required in order for the FIDIC Conditions of Contract to be operative in your jurisdiction? If yes, what amendments are required?
5. Are any amendments common in your jurisdiction, albeit not required in order for the FIDIC Conditions of Contract to be operative in your jurisdiction? If yes, what (non-essential) amendments are common in your jurisdiction?
6. Does your jurisdiction treat Sub-Clause 20.2.1 of the 2017 suite of FIDIC contracts as a condition precedent to Employer and Contractor claims?
7. Are dispute boards used as an interim dispute resolution mechanism in your jurisdiction? If yes, how are dispute board decisions enforced in your jurisdiction?
8. Is arbitration used as the final stage for dispute resolution for construction projects in your jurisdiction? If yes, what types of arbitration (ICC, LCIA, AAA, UNCITRAL, bespoke, etc) are used for construction projects? And what seats?
9. Are there any notable local court decisions interpreting FIDIC contracts? If so, please provide a short summary.
10. Is there anything else specific to your jurisdiction and relevant to the use of FIDIC on projects being constructed in your jurisdiction that you would like to share?
References to FIDIC clauses in your responses should be references to clauses in the 2017 Red Book unless otherwise specified.