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International Construction Law Review

THE ARBITRATION CLAUSE IN FIDIC CONTRACTS FOR MAJOR WORKS

CHRISTOPHER R SEPPÄLÄ*

Partner, White & Case LLP, Paris Legal Advisor, FIDIC Contracts Committee

I. INTRODUCTION

While the arbitration clause in the 1999 edition of the Fédération Internationale des Ingénieurs-Conseils (“FIDIC”)1 contracts for major works2 only comprises, on a literal reading, sub-clauses 20.6 to 20.8 of the contracts, one cannot understand the clause without considering the conditions which must or should be satisfied before any claim may be submitted to arbitration. This is because if a party does not satisfy such conditions, it may have no right to arbitration. Accordingly, for the arbitration clause to be fully intelligible, it needs to be considered together with sub-clause 20.1, the provision for claims,3 sub-clauses 20.2 to 20.4, the provisions for a Dispute Adjudication Board, and sub-clause 20.5, the provision for amicable settlement. In short, the provisions of clause 20 (“Claim, Disputes and Arbitration”) need to be read together.
This article will review the main features of clause 20 of the FIDIC contracts.

II. MAIN FEATURES OF THE ARBITRATION CLAUSE

1. Clause 20 (like the corresponding provisions of FIDIC’s earlier books) provides for a multi-step procedure for the resolution of disputes

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