Methods of Resolving Disputes in FIDIC Contracts

Document Type : Original Article

Authors
Arman Yaghobi Moghadam 1
Mohammad Gholampor Vishkaei 2
Mohammad Yararshadi 3
1 Senior expert in private law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran (Corresponding Author)
2 Master's student in private law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran
3 Assistant Professor, Department of Law, Payam Noor University, South Tehran Branch, Tehran, Iran
10.22034/lc.2023.427468.1415
Abstract
The increase in construction contracts in recent decades has increased the necessity of creating dispute resolution methods in this field that are appropriate to the requirements of this type of contract. Different methods for resolving disputes are considered in construction contracts. The use of dispute resolution methods due to its non-judicial approach can help to resolve disputes quickly and reduce costs. The nature of construction contracts requires that disputes be resolved quickly and sometimes at the site of the project. In this research, while examining the terms of dispute resolution in Article 53 of the general terms of the contract and comparing it with the terms of dispute resolution in the FIDIC contract, the shortcomings and loopholes in Article 53 of the general terms of the contract will be presented, and suggestions will be made to amend this article.
Keywords
Claim
Contract
FIDIC
Resolve Dispute
Arbitration

Subjects