FIDIC Dispute Adjudication 1999 and 2017

by Rechtsanwalt Dr. Götz-Sebastian Hök | 15. March 2018 | Commercial Law

Whenever possible, it is advisable to solve any differences or disputes by amicable settlement, since disputes are time-consuming and expensive. Most international contract forms therefore provide express stipulations through which the parties to them attempt to avoid...

Fundamental or Golden FIDIC Principles – Do they exist?

by Rechtsanwalt Dr. Götz-Sebastian Hök | 13. February 2018 | Commercial Law

I should first clarify and underline that in my view Golden FIDIC principles[1] do exist. For instance the aim to fairly allocate risk[2] belongs to the Golden principles. Also I would include the aim that FIDIC wording is user friendly, clear and coherent but also...

International Arbitration in the Construction Business and under FIDIC forms of Contract

by Rechtsanwalt Dr. Götz-Sebastian Hök | 8. February 2017 | Commercial Law

Private arbitration or (dispute) adjudication is a process built on consent in that parties agree that their respective disputes shall be settled by arbitrators or arbitral panels. Usually such procedures are embedded in domestic law. The powers and authorities of...

The Civil Law decennial (decennal) liability or

by Rechtsanwalt Dr. Götz-Sebastian Hök | 11. September 2016 | Commercial Law

FIDIC advises users of the FIDIC Suite of contracts, 1999 edition, but no longer under the 2017 edition, that under some Civil Law jurisdictions the Contractor will be liable absolutely (without evidence for fault) for hidden or latent defects during a period of ten...

The FIDIC Design Build and Operate Contract – Gold Book

by Rechtsanwalt Dr. Götz-Sebastian Hök | 24. June 2016 | Commercial Law

In 2008 FIDIC has published a standard form of Contract which expands the single responsibility of the Contractor to a 20 years´ operation service. It is known as the FIDIC Gold Book for Design Build and Operate. The concept is to require the Contractor to take in...