Construction contracts in private international law

In our study entitled "Construction Contracts In Private International Law" the question of the applicable law to construction contracts with foreign elements was considered in the framework of the current legislation of Turkey, Kazakhstan, and Russia in the form of a comparison. When the applicable law to the substance of the contract is determined on the basis of objective binding rules it is of importance where the dispute will be resolved. In this regard, the question of the applicable law to the construction contract with a foreign element was divided into two parts and investigated in both the framework of dispute resolution in the State court and in the framework of dispute resolution in the Arbitration court. In addition, standard rules such as FIDIC, NEC, JCT prepared by international and professional organizations which are applied in the field of construction are also included in our study. In this context, the legal nature of the standard rules in the field of construction and how these rules are applied in state courts and arbitration courts were investigated. As a result of the examination of the provisions regulating the applicable law to the contract in Turkish, Kazakh and Russian law, if the applicable law to the contract is not chosen by the parties, the regulation in the Russian law was found to be accurate in determining the applicable law to the construction contract with foreign elements. In our study, it is suggested that the rule concerning the determination of the applicable law to the contract according to the objective binding rules laid down in the Russian Civil Code should also be regulated in Kazakh law. Keywords: Construction Contracts, Foreign Elements, Standard Rules, Law to be Applied on the Basis of the Contract, Turkish Law, Kazakhstan Law, Russian Law.