Dispute resolution methods within the framework of FIDIC contracts

The advancement of technology has made the world more accessible, simultaneously fostering international relations and consequently international trade. The increase in international economic relations and cooperation has brought about legal issues. In economic relations involving a foreign element, the discussion on which legal rules should be applied and how, has highlighted the need for developing standards applicable to all countries. As a result, international dispute resolution mechanisms that work in integration with national judicial systems have evolved to meet this necessity. The impact of the development of international economic relations can also be seen in the construction sector. The rapid increase in the number of international construction projects has made it essential to prepare standards that will guide and facilitate parties, professional organizations, and national judicial systems in this field. The multitude of variables in construction projects increases the likelihood of disputes arising between the parties. Construction projects, which are already complex and multidimensional in technical and financial terms, become even more complicated when they have an international dimension, potentially leading to inextricable disputes. Therefore, standard contract types have been prepared to prevent potential disputes and to reduce the time and financial burden of arising disputes. FIDIC contract packages are among the most widely used standard contract forms prepared for various purposes and scopes. This study examines how disputes arising in construction contracts can be resolved within the framework of FIDIC rules. The study primarily focuses on the Red Book, which was published in 2017 and is widely used in our country. The research begins by examining contracts and specifically construction contracts under Turkish law and then transitions to international contracts by detailing the foreign element. The main aim of this study is to investigate the methods of resolving disputes arising in international construction contracts within the FIDIC framework. The fundamental objective is to analyze the effectiveness of FIDIC rules, which claim to make the dispute resolution process in construction projects faster, cheaper, and fairer. This analysis considers 1987, 1999, and 2017 FIDIC versions.