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FIDIC term and conditions of contract is practical skill -- the settlement of co

来源: 作者:Stand originally 时间:2009-01-03 Tag: 点击:

International contracts in be versed in Cheng carries out a process in the project, because sign the conflict that makes an appointment with both sides to go up in economic interest, affirmative meeting forms difference, even occurrence conflict of hard to avoid, its matter is quite complex. Concerned respect should have premeditate to this, adopt mix cordially the manner that be realistic is reasonable try to solve. Should list in the contract have the special provision that settles dispute, its are main purpose, it is the effect that reduces to produce the number of conflict and reduce its to be carried out smoothly to the project, 2 it is to set the program that can settle the dispute that cannot avoid really with forthright ground reliably. Contract of the following discussion FIDIC settled the concerned provision of conflict in the 4th edition 1988.

FIDIC contract the 67th (the settlement of conflict) be called to arbitrate normally clause, but actually this involved content Yuan Chao gave simple arbitral content, it offerred both sides to settle the way of conflict already, also included to be the specific provision that settles conflict way finally with submission to arbitration.

The process of the conflict in settling a contract divides into 4 measure normally: Record controversial issue, accurate arbitral decision, friendly solve and formal intermediate dish. In these 4 measure, the main drive of conflict of FIDIC contract processing is to encourage contradictory both sides to avoid to settle occurrence dispute with legal measure as far as possible, advocate preferential comply with is friendly settlement principle, arrange processing issue each other; Unless both sides is contradictory quite acerb, cannot reach unanimous opinion really, through arranging basic inextricability controversial issue, just pay all formal law behavior further, but general not resort place court, however according to the contract the 67.3rd (arbitral) the regulation refers international arbitration, the opinion of arbitral court decision is final ruling namely.

The record of conflict

Of the claim for compensation that the prelude of conflict is contractor normally and owner turn over claim for compensation, if cannot get appropriate to solve continuously all the time, the acuteness with bilateral contradictory economy turns the controversial issue in forming a contract finally. Accordingly someone says, "Conflict " sign namely the make a stand against that makes an appointment with one party to ask to another claim for compensation and refuse.

Be worth what carry is, the record of the record of conflict and claim for compensation is not one and the same, especially contractor does not want the 53.1st to think to had pressed a contract by accident (claim for compensation informs) mix the 53.2nd (current record) referred claim for compensation is recorded even if conflict is recorded, can ask advisory engineer presses a contract directly accordingly the 67.1st (the decision of advisory engineer) make its written accurate arbitral decision.

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