International construction contracts and dispute resolution methods in the framework of FIDIC

Considering today's sectors, the construction sector is important because it is a large-scale source of economic income. As an extension of this, both the states and private persons/entities are competing in this sector. In addition, states are trying to develop this sector with the idea of attracting both domestic and foreign investors. The construction sector has also changed over time, as in other sectors, and the need to quickly resolve the disputes that may arise in the relationship entered into as a result of the construction contract in the face of these changes has shown itself even more. In construction relations, conflict should be resolved before the conflict arises or at the latest, as soon as the dispute arises, in order for the parties to carry out the contract as required. It is important to resolve the dispute before it arises or as soon as it arises, in terms of preventing loss of time and, as a result, cost increase as well as not harming the relationship between the parties. However, with the increase in international relations, with the inclusion of the element of foreignness in the disputes, the disputes have moved from the national level to the international level, and as a result, the resolution of the disputes has become difficult. For this reason, states have felt the need to make both national and international regulations in order to solve the deadlocks that may occur in disputes in the construction sector. For this purpose, the books in which the Standard Contracts issued by FIDIC (Federation Internationale Des Ingenieurs-Conseils) are regulated have become the most widely referenced source for disputes arising from international construction contracts. There are three Standard Agreements dated 1987, 1999 and 2017, in which the dispute resolution methods are regulated in detail by FIDIC and which guide the parties. In this study, within the scope of FIDIC Standard Contracts the substantive law provisions to be applied to the relationship between the parties in construction contracts and the mechanisms foreseen for the settlement of disputes will be evaluated by taking into account the needs of the construction industry.