Thursday 13 September 2018
The International Construction Projects Committee (ICP) has initiated the Country Guide project on ADR in construction. The aim of this project is to examine alternative dispute resolution methods in construction projects throughout the world and to inform ICP members about issues that may be specific to the dispute resolution of construction projects.
Among other issues, the Guides aim at creating a better understanding among ICP members of how some features of the dispute resolution mechanisms found in the FIDIC (International Federation of Consulting Engineers) 'Conditions of Contract' may be more difficult to implement in some jurisdictions than in others. These FIDIC 'Conditions of Contract' are widely used for international construction projects.
In the preparation stages of an international construction project it is important to do 'due diligence' regarding the fit of the choice of law clauses with the chosen dispute resolution method(s). Although these guides are not intended as legal advice, we hope they will at least show the need to look beyond the borders of more familiar jurisdictions.
Each guide addresses a jurisdiction. In order to get a structured approach to writing these guides and to allow readers to compare the approaches taken to various issues across different jurisdictions, the editors have put together a 'grid' of questions that serves as a common framework.
Each guide names its author(s), who may be contacted with questions or suggestions. More general questions or suggestions about the project or the common questionnaire can be directed to the editors at the addresses listed below. Guides covering additional jurisdictions are in the works, and will be posted as they are completed. Each guide indicates its date of publication.
The editors thank all of the authors who contributed their time and expertise. They also thank Samuel Moss of Lalive in Geneva, Switzerland and Allison Rasko of Carey y Cía Ltda, Chile, for their invaluable assistance.
These Guides are intended for educational and academic discussion and are not intended as and must not be construed as legal advice. No information contained in the Guides may be quoted or reproduced elsewhere without the prior written consent of the authors and the Editors, and in particular, no opinion expressed by the authors in the Guides may be quoted in connection with any actual case or dispute.