Arbitration regarding the disputes arose out of construction contracts drafted according to fidic standard rules

The fact that construction sector is opened for international competition and especially big-scale construction projects realized in developing countries, has brought parties from different countries together both in gathering financial resources and insufficiency in technology. Thereby construction contracts have become bound to multiple legal systems. For this reason, there is no common understanding in technical, legal, customs and norms aspects for parties and this leads to occurrence of many legal problems in international construction relations. The complicated nature of construction contracts and the fact that there are many technical specifications, has led to basing the construction contracts on standard rules in practice. The mostly preferred one among these standard rules is the Rules of International Engineers Council Federation (Fédération Internationale des Ingénieurs Conceils, FIDIC). For this reason, in case parties create their construction contracts according to FIDIC Rules, in frame of the principle of the free will power, FIDIC Rules will be applied to the mentioned contract. The subject of our study is the resolving by arbitration of the conflicts arising from international construction contracts prepared according to FIDIC Rules. Our study is composed of three basic parts. In the first part, construction contracts are evaluated according to the Code of Obligations and FIDIC, brief information is given on the history of FIDIC, its structure and operations, Legal nature of FIDIC Rules is mentioned. In the second part the most preferred way of resolving disputes arising from international construction contracts- arbitration is analyzed and this analysis has been thoroughly evaluated in the frame of International Arbitration Law numbered 4686. In the third part, foreignness factor in construction contracts and the problem of legal system to be applied to construction contracts and recognition and enforcement of foreign arbiter decisions in the scope of MÖHUK (Rules for International Private Law and Civil Procedure) has been mentioned.