Review article
https://doi.org/10.31141/zrpfs.2024.61.151.99
Enforcement of the binding, but not final dispute resolution boards' decisions under FIDIC terms and conditions
Amina Hasanica
; Pravni fakultet Univerziteta u Zenici
Abstract
FIDIC terms and conditions are currently the most used standard contracts in international construction projects. Their use is the result of their ability to adjust to the complexity of international construction projects. This complexity is characterised by high value, large number of participants, international element, participation of international financial institutions and complexity of the works. Dispute resolution mechanism in FIDIC contracts in one example that shows how FIDIC reflects the needs of international construction projects. This dispute resolution mechanism was established in 1999, with certain amendments from 2017. Dispute resolution mechanism with its three steps has been an efficient one. However, there are certain disadvantages that FIDIC tried to resolve in 2017. One of the disadvantages is the lack of enforceability of the Dispute Resolution Board decisions (second step), in the case when one party issued a notice of dissatisfaction, which leads to arbitration proceedings. In that case, the decision was binding, but not final. This issue attracted attention in the Persero case before the High Court of Singapore analysed in this paper. In order to regulate this matter, in 2017 FIDIC adopted one amendment that allows parties to bring the non-performance of a binding but not final decision before the arbitration tribunal. The aim of this paper is to present the issue of the lack of the enforceability of the Dispute Boards’ decisions through analysis of the relevant case law and to set out the potential issues as well as solutions of the FIDIC dispute resolution mechanism which is considerd to be one of the most efficient.
Keywords
FIDIC terms and conditions; dispute; Dispute Resolution Board; arbitration tribunal; enforcement of decision
Hrčak ID:
315919
URI
Publication date:
10.4.2024.
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