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

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 articl...

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Main Authors: Odai Mohammad AlHeilat, Nayel Musa AlOmran
Format: Article
Language:deu
Published: Kozminski University 2024-09-01
Series:Krytyka Prawa
Subjects:
Online Access:https://journals.kozminski.edu.pl/pl/system/files/KRYTYKA%20PRAWA%203_2024%20Odai%20Mohammad%20AlHeilat.pdf
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author Odai Mohammad AlHeilat
Nayel Musa AlOmran
author_facet Odai Mohammad AlHeilat
Nayel Musa AlOmran
author_sort Odai Mohammad AlHeilat
collection DOAJ
description 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.
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id doaj-art-c3e71fe167aa4e18813d6381eab6eb60
institution OA Journals
issn 2080-1084
2450-7938
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publishDate 2024-09-01
publisher Kozminski University
record_format Article
series Krytyka Prawa
spelling doaj-art-c3e71fe167aa4e18813d6381eab6eb602025-08-20T01:57:39ZdeuKozminski UniversityKrytyka Prawa2080-10842450-79382024-09-0116325827710.7206/kp.2080-1084.712Contemporary Methods of Resolving Disputes Arising from FIDI C Construction Contracts Between the Employer and ContractorOdai Mohammad AlHeilat0https://orcid.org/0000-0001-9186-4397Nayel Musa AlOmran1https://orcid.org/0000-0001-5165-4598Yarmouk University (Jordan)Zayed University (UAE)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.https://journals.kozminski.edu.pl/pl/system/files/KRYTYKA%20PRAWA%203_2024%20Odai%20Mohammad%20AlHeilat.pdfconstructionfidicmanagementcontractorsettlementdispute
spellingShingle Odai Mohammad AlHeilat
Nayel Musa AlOmran
Contemporary Methods of Resolving Disputes Arising from FIDI C Construction Contracts Between the Employer and Contractor
Krytyka Prawa
construction
fidic
management
contractor
settlement
dispute
title Contemporary Methods of Resolving Disputes Arising from FIDI C Construction Contracts Between the Employer and Contractor
title_full Contemporary Methods of Resolving Disputes Arising from FIDI C Construction Contracts Between the Employer and Contractor
title_fullStr Contemporary Methods of Resolving Disputes Arising from FIDI C Construction Contracts Between the Employer and Contractor
title_full_unstemmed Contemporary Methods of Resolving Disputes Arising from FIDI C Construction Contracts Between the Employer and Contractor
title_short Contemporary Methods of Resolving Disputes Arising from FIDI C Construction Contracts Between the Employer and Contractor
title_sort contemporary methods of resolving disputes arising from fidi c construction contracts between the employer and contractor
topic construction
fidic
management
contractor
settlement
dispute
url https://journals.kozminski.edu.pl/pl/system/files/KRYTYKA%20PRAWA%203_2024%20Odai%20Mohammad%20AlHeilat.pdf
work_keys_str_mv AT odaimohammadalheilat contemporarymethodsofresolvingdisputesarisingfromfidicconstructioncontractsbetweentheemployerandcontractor
AT nayelmusaalomran contemporarymethodsofresolvingdisputesarisingfromfidicconstructioncontractsbetweentheemployerandcontractor