Paper ID : 1954
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Asst. Prof. Dr. Cahit Ağaoğlu
Session : 4A Hukuk
Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules
Fidic Kuralları Çerçevesinde Yürütülen Tahkim Yargılamalarında Türk ve Yabancı İnşaat Firmaların Karşılaştığı Sorunlar
- Asst. Prof. Dr. Cahit Ağaoğlu (Beykent University, Turkey)
FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that the adoption of the FIDIC Rules by the domestic laws of the parties has not yet reached the desired stage. Aside from the fact that arbitral awards are confronted with public authority during the enforcement phase, there are also difficulties of parallel proceedings that national courts have resorted to legal proceedings although there is an agreement involving arbitration clauses. The protection of the investor, the equitable treatment of the investor and the protection against expropriation are all on the agenda and a direct link can be established between FIDIC and Bilateral Investment Treaties.
JEL codes: J52, K41
Ağaoğlu, Cahit (2017). "Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules" in Proceedings of International Conference of Eurasian Economies 2017, pp.114-124, Istanbul, TURKEY.
Full paper in PDF format.
Session 4A: Hukuk