Subcontracting agreements in private international law

In construction projects, main contractors often establish contracts with other contractors for the performance of a portion or all of the work they have undertaken, and these contracts are referred to as subcontracting agreements. International construction projects trigger the emergence of subcontracting agreements that involve a foreign element. The idea for this study arose from the determination that subcontracting relationships in construction projects can raise many problems not only from a civil law perspective, but also from the perspective of private international law, and that a comprehensive study is needed on these problems and their potential solutions. In the first section of our study, the nature and types of subcontracting agreements, the relationship between subcontractor-main contractor and between subcontractor-employer, have been examined from a Turkish Law and comparative law perspective for the purpose of constituting the basis of the second and third sections of the study, limitedly with this purpose. In the second section of our study, we have examined the issues that may arise in subcontracting relations in terms of foreign element and applicable law, also the law applicable to the subcontractor's right to have recourse directly to the employer. In the third section of our study, subcontracting agreements have been evaluated in terms of the international jurisdiction of Turkish Courts, arbitration and dispute resolution mechanisms envisaged in FIDIC Rules. Within dispute resolution mechanisms, arbitration is of utmost importance.