الوسائل البديلة لتسوية المنازعات الناشئة عن اصدار اوامر التغيير في عقد البناء و الانشاءات (فيديك)‎ : دراسة مقارنة

Abstract EN

The FIDIC contract has a number of advantages that helped its spread in the construction sector, and the implementation of construction projects often takes a long period of time during which conditions change from what they were at the time of the conclusion of the contract, which leads to the issuance of change orders, which contributes to the emergence of many disputes between the parties The project, it arises when one party fails to comply with its obligation towards the other party, and the nature of these disputes varies, including disputes related to project designs and plans, including disputes due to delay in implementing these orders, and disputes due to non-compliance with the agreed financial arrangements regarding those orders.

The research aims to clarify the mechanisms used in resolving disputes in FIDIC contracts by indicating the means of resolving these disputes, and the procedures and rules regulated by the FIDIC contract In view of the issuance of a new edition of the FIDIC contract (the Red Book) in 2017, this research aims to show the updates contained in the new edition and how these amendments contributed to addressing many of the problems experienced by the practical reality of the users of these contracts, especially with regard to the rules of dispute resolution.

At the end, The research concluded that the means of settling disputes in the FIDIC contracts are methods governed by the hierarchy so that it is not permissible to bypass a certain method and resort to another, and also concluded that the violation of following the procedures regulated by the FIDIC contract may lead in some cases to the forfeiture of the right to claim.