International Construction Law Review
TO WHAT EXTENT IS THERE AN INTERNATIONAL CONSTRUCTION LAW?
Professor Doug Jones AO1
International Arbitrator
And
Sarah B Biser2
Partner and Co-Chair of the National Construction and International Arbitration Practice Groups of Fox Rothschild LLP
INTRODUCTION
The question “is there an international construction law?” is a useful question to ask, given that many construction lawyers practise across different jurisdictions around the world. Further, the construction industry is of global significance economically, socially and in the reach of international contractors project managers, and consultants.
The notion of an international legal framework is tempting to postulate but proves elusive to identify. While construction lawyers may be required to appreciate and recognise the international commercial realities of construction activities, for example issues of time, cost and quality of performance common to projects the world over, how these play out in the construction law of different jurisdictions defies identification of common legal principles. These legal differences can be masked by the international use and prevalence of standard form contracts such as FIDIC and the development of options for an international legal system such as the UNIDROIT Principles of International Commercial Contracts 2016. However, in practice these developments do not amount to an existing coherent body of international construction law.
This paper suggests that despite the international character of the construction industry, it is important to keep clearly in mind the nuances
1 AO, RFD, IJ, BA, LLM, CCIArb, FRI Arb 1. International Arbitrator and International Judge of the Singapore International Commercial Court: www.dougjones.info. The authors thank Alice Williams, Legal Assistant at Sydney Arbitration Chambers, for her assistance in the preparation of this paper.
2 Partner and Co-Chair of the National Construction and International Arbitration Practice Groups of Fox Rothschild LLP (New York office).
Pt 3] To What Extent Is There an International Construction Law?
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