By Nael G. Bunni

In September 1999, FIDIC brought its new Suite of Contracts, which incorporated a “new” crimson, Yellow, Silver and eco-friendly sorts of agreement. The “new” pink ebook was once meant to switch the 1992 fourth variation of the purple publication, with the ambition that its use may stop with time. This ambition has now not materialised and is not likely to take action within the future.

Despite the significance of the 1999 varieties, there was little or no released at the new options followed in them and the way they have interaction with the former varieties. this crucial paintings considers those features including the numerous advancements affecting the fourth version of the purple publication that experience taken position in view that 1997, whilst the second one variation of this e-book was once released, and relates them to key contracting matters. it's written by way of a chartered engineer, conciliator and overseas arbitrator with vast event within the use of the FIDIC varieties and within the quite a few dispute answer mechanisms laid out in them.

Important positive aspects of this publication include:

· heritage and ideas of many of the varieties of contract;

· an in depth comparability of the wording of the1999 3 major types, which even if comparable in nature; it however considerably differs in convinced parts the place the 3 varieties diverge because of their meant purpose;

· research of the rights and tasks of the events interested by the agreement and the allocation of hazards concerned;

· various ‘decision tree’ charts, analysing the most positive aspects of the 1992 purple publication, together with dangers, indemnities and insurances, claims and counterclaims, diversifications, technique for claims, programme and hold up, suspension, funds and certificate, dispute solution mechanisms, and dispute boards;

· a far enlarged dialogue of the that means of “claim” and “dispute” and the categories of declare with a dialogue of the attention provision within the 1999 sorts of agreement for the submittal of claims by means of a contractor and by means of an employer;

· the FIDIC scheme of indemnities and assurance necessities; and the tools of dispute solution supplied by way of many of the types of agreement; and

· 5 new chapters during this 3rd variation, the 1st 4 chapters care for all of the 1999 types and the 5th bankruptcy is restricted to the subject of Dispute Boards.

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Accordingly, should the parties wish to determine the law applicable to the arbitration proceedings, a choice of the place of arbitration should be made by them at the time of the formation of the contract. 6 Law governing enforcement of awards Besides the applicable law of the contract and the law applicable to the procedure, the parties in an international construction contract may be involved in yet another system of law: the law of the country where a decision or an arbitral award is to be enforced.

Indeed, in a large number of these contracts, the characteristics of the applicable law of the contract are unscrutinised or even ignored. Where disputes arise but are not settled under the provisions of the contract, the applicable law of the contract can form a leading section of the dispute resolution process. The special characteristics of the chosen applicable law of the contract then become the focal consideration of the parties to the contract and their legal advisers. In this connection, it is essential to appreciate that when the applicable law of the contract is being selected or considered, not only its prevailing characteristics should be scrutinised but one ought also to consider the likelihood of any changes which may be enacted and the nature of such changes.

Comments on the law are of necessity generalised, and statements of general rules and principles are not intended to mean that they are without exception or qualification. These rules and principles may differ from one jurisdiction to another and even within one legal group. The present chapter and Chapter 3 are intended to expose the non-lawyer reader to legal topics which are considered important in the international construction scene. These topics include: the diversity of legal systems, the applicable law in international construction, the applicable law of the contract, the law governing procedure, the law governing enforcement of awards and the various groups of contemporary legal systems.

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