A Study of Dispute Resolution Methods in Contracting Contracts by Comparative Study in FIDIC

Subject Areas : Political and International Researches Quarterly

Alireza mashhadizadeh ¹ , ali mohri ²

1 - Assistant Professor, Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran,Corresponding Author
2 - M.Sc. Student of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran

Received: 2021-09-23 Accepted : 2021-09-23 Published : 2021-11-22

Keywords: Arbitration, General Conditions of Contract, Dispute Resolution Methods, Dispute Resolution Board, FIDIC,

Abstract :

The dispute resolution methods due to their non-judicial approach can help to resolve disputes quickly and reduce costs in resolving disputes. Dispute resolution methods are a good alternative to inflexible judicial procedures in national courts. The nature of the contract requires that the dispute be resolved promptly and possibly at the project site. The present descriptive and analytical study seeks to address whether arbitration process can be efficient in general conditions of contract. Also, the present study tries to find out if the application of new methods of dispute resolution board presented in FIDIC sample contracts can be helpful in reducing disputes. The results indicate that the sufficient knowledge of the dispute resolution boards and the continuous presence from the beginning of the project as a new method of dispute resolution has achieved a relatively good result.