Fidic Contracts

76
In The Name Of God

Arbitration in
F I D I C
CONTRACTS
All copy rights reserved Eng. Zakaria M. Abdul-Aleem 3
ARBITRATION IN FIDIC CONTRACTS
Fdration Internationale
des Ingnieurs Conseils

FI DI C

International Federation of Consulting Engineers

Establishment &
Development of

F I D I C

FIDIC is non-governmental
association.
It is founded on 1913 by three
national associations of
consulting Engineers in France,
Belgium and Swiss, that explains
the French name of the
federation.

The objectives of forming
federation were to promote in
common the professional
interests of the member
associations and to
disseminate information of
interest to its members .

FIDIC
publications
FIDIC publications:

List of Contract
documents .

C ONDI T I ONS OF
CONTRACT FOR WORKS
OF CI VI L ENGI NEERI NG
CONSTRUCTI ON the
red book (four editions)
FIDIC publications:

SUPPLEMENT TO
FOURTH EDI TI ON
1 9 8 7 F O R
CONDI TI ONS OF
C o n t r a c t F OR
WORKS OF CI VI L
E NGI NE E R I NG
CONSTRUCTI ON
FIDIC publications:

GUI DE TO USE OF
FI DI C CONDI TI ONS
OF Contract FOR
WORKS OF CI VI L
E NGI NE E R I NG
CONSTRUCTI ON
FIDIC publications:

CONDI TI ONS OF
Contract FOR
ELECTRI CAL AND
MECHANI CAL
WORKS the yellow
book ( three
editions )
FIDIC publications:

CONDI TI ONS OF
CONTRACT FOR
DESI GN BUI LD
AND TURNKEY
( THE ORANGE
BOOK)
FI DI C publications:

J O I N T V E N T U R E
AGREEMENT 1
ST
ED.
( o r C o n s o r t i u m) .
FIDIC publications:

SUB-CONSULTANCY
AGREEMENT 1
ST
ED.

FIDIC publications:

TENDERING
PROCEDURE.

S U B - C O N T R A C T
A G R E E M E N T .
FIDIC publications:

CONDI TI ONS OF
Contract FOR
CONSTRUCTI ON FOR
BUI LDI NG AND
ENGI NEERI NG WORKS
DESI GNED BY
EMPLOYER ( THE NEW
RED BOOK ).

CONDI TI ONS OF
CONTRACT FOR Plant
AND DESI GN-BUI LD


SHORT FORM OF
CONTRACT ( THE
GREEN BOOK ) .

CONDI TI ONS OF
CONTRACT FOR
EPC TURNKEY
P R O J E C T S (
SI LVER BOOK).

T H E F I D I C
CONTRACTS GUI DE

FOR BUI LDI NG AND
E N G I N E E R I N G
WORKS DESI GNED
BY THE MPLOYER
MDB Har moni sed
E d i t i o n F i r s t
Published May 2005

Form of Contract for
D r e d g i n g a n d
Reclamation Works

F I D I C C l i e n t /
Consul t ant Model
Services Agreement
Fourth Edition 2006

C o n d i t i o n s o f
C o n t r a c t f o r
Design, Build and
Operate projects
(DBO) Sep.2007

Arbitration procedure
in the FI DI C Red Book
Fourth Edition 1987
amended on 1992















Conditions of Contract for
Construction

For building and Engineering Works designed by the Employer

1999
Typical sequence of Dispute Events envisaged in Clause 20
8.1
Commencement
Date
20.2 Parties
appoint
DAB
<28d
20.4 a Party refers
A dispute to the
DAB
Parties present
submissions to the DAB
<84d <28d <56d
Amicable
settlement
DAB gives
Its decision
20.4 A Party may
Issue a notice of
Dissatisfaction
20.6 A Party
may initiate
arbitration
Arbitrator/s
appointed

20. Claims, Disputes and Arbitration
20.1 Contractors Claims:

I f the Contractor considers himself to be
entitled to any extension of the time for
Completion and/ or any additional Payment
under or in connection with the contract, he
shall give notice to the Engineer not later
than 28 days after the Contractor became
aware.
I f the Contractor fails to give notice within 28
days, the time will not be extended and there
will be no additional Payment.

20. Claims, Disputes and
Arbitration
20.1 Contractors Claims:

Within 42 days after the Contractor
became aware of the event giving rise
to the claim, the Contractor shall send
to the Engineer a fully detailed claim
which includes full supporting
particulars of the basis of claim for the
extension of time and additional
Payment claimed.

Arbitration
20.2 Appointment of the dispute
adjudication board:
The DAB shall comprise either one or
three suitable qualified persons , if the
DAB comprises 3 members, each party
shall nominate one member for the
approval of the other party.

Arbitration
20.2 Appointment of the
dispute adjudication board:
The parties shall consult the two
appointed members to agree upon
the third member who shall act as
chairman.

20.3 Failure to Agree Dispute Adjudication
Board:

I f the Parties fail to agree upon the
appointment of member in the DAB, then
the appointing entity in the Appendix to
Tender shall appoint this member.
This appointment shall be final and
conclusive.
Each Party shall be responsible for paying
one half of the fees of DAB.

20.4 Obtaining Dispute Adjudication
Boards Decision:

I f a dispute arises , either Party may refer
the dispute in writing to the DAB for its
decision, with copies to the other Party
and the Engineer.
The DAB members shall be deemed to
have received such reference on the Date
when it is received by the chairman of the
DAB.

20.4 Obtaining Dispute Adjudication
Boards Decision:

Within 84 days after receiving such
reference, the DAB shall give its decision.
The decision shall be reasoned.
The decision shall be binding on both Parties.
I f any Party is dissatisfied with the DABs
decision, within 28 days he may give notice
of dissatisfaction to the other Party.

20.5 Amicable Settlement:

When notice of dissatisfaction has been
given, both Parties shall attempt to settle
the dispute amicably before the
commencement of Arbitration.
Arbitration may be commenced on or after
the fifty-sixth day after the day which
notice of dissatisfaction was given, even if
no attempt at amicable settlement has
been made.

20.6 Arbitration:

Any dispute has not become final and
binding shall be finally settled by
arbitration:
A. The dispute shall settle under the Rules of
Arbitration of the I nternational Chamber
of Commerce.
B. The dispute shall be settled by three
arbitrators.
C. The arbitration shall be conducted in the
language defined in sub-clause 1.4

Arbitration
20.7 Failure to Comply with
Dispute Adjudication Boards
Decision:

If a Party fails to comply with a
final decision, the other Party may
refer the failure itself to Arbitration.

Arbitration
20.8 Expiry of Dispute Adjudication
Boards Appointment:

I f a dispute arises between the Parties in
connection with, or arising out of , the
Contract and there is no DAB in place,
whether by reason of the expiry of the
DAB or other wise, the dispute may be
referred directly to Arbitration under sub-
clause 20.6 (Arbitration).


Fidic Contracts

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Fidic Contracts

Uploaded by

Copyright:

Available Formats

76

In The Name Of God

You might also like