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International Construction Law Review

DISPUTE RESOLUTION UNDER THE FIDIC AND NEC CONDITIONS: PARADOX OF PHILOSOPHIES AND PROCEDURES?

Joseph Mante*

Lecturer, Law School, Robert Gordon University
(j.mante@rgu.ac.uk)

ABSTRACT

A careful reader of the philosophical underpinnings and the dispute resolution frameworks of the FIDIC and NEC Conditions of Contract will likely be baffled by the paradoxical relationship between the underpinning ethos of these forms and the approaches to dispute handling: the more traditional of the two sets of Conditions – the FIDIC forms – have more collaborative approaches to dispute resolution than the NEC Conditions which have collaboration as a central theme. This piece discusses this paradox. It sets out the theoretical contexts of these Conditions and examines how they shape dispute resolution expectations under the forms.
Key terms: Construction and Engineering contracts – Dispute resolution – International projects – Philosophical underpinnings

INTRODUCTION

Use of standard form contracts is customary practice in the construction industry. Sweet1 provides several reasons for this; familiarity, efficiency and the availability of precedents on interpretation of relevant terms.2 In the context of international construction, two sets of forms stand out,3 the


Pt 2] Dispute Resolution under the FIDIC and NEC Conditions

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