Krytyka Prawa. Niezależne Studia nad Prawem

Contemporary Methods of Resolving Disputes Arising from FIDI C Construction Contracts Between the Employer and Contractor

Mohammad AlHeilat, Odai Musa AlOmran, Nayel

Yarmouk University (Jordan) | Zayed University (UAE)

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Abstrakt

This article aims to explore the key features of these amicable mechanisms within FIDIC contracts involving governmental administrations, with the goal of provid-ing recommendations that can contribute to the development of comprehensive regulatory frameworks. The issue to be examined in this article is the level of regu-lation provided by the FIDIC contract texts regarding administrative construction procedures. The methodology employed for this article involved a descriptive analytical approach, which focused on analysing legislative texts relevant to the topic and examining all articles within the FIDIC contract that pertain to our research objective. This analysis allowed us to describe these provisions with an ultimate goal of finding a solution to address the problem under investigation. A key discovery was that the FIDIC construction contract only briefly mentioned amicable resolution methods in one article, without providing specific details. Based on this observa-tion, a set of recommendations has been proposed, including the establishment of a dispute resolution council consisting of at least three persons. This approach is believed to enhance dispute resolution through amicable means by promoting discussion and consultation among its members and ultimately avoiding unneces-sary complications.

Metadane

Czasopismo Krytyka Prawa. Niezależne Studia nad Prawem 
Tom 16 
Numer 3 
Data wydania 09/2024 
Typ Article 
Język en
Paginacja 258–277
DOI 10.7206/kp.2080-1084.712
ISSN 2080-1084
eISSN 2450-7938