Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2025, vol. LIX no. 1, p. 227-250
working language: Serbian
Review paper
347.7:624
339
doi:10.5937/zrpfns59-57693
Author:
Stefan Jovanović
University of Belgrade
Faculty of Law in Belgrade
stefan.jovanovic@ius.bg.ac.rs
ORCID ID: 0000-0002-3562-2681
Summary:
In the scientific literature that deals with construction contracts according to FIDIC general conditions, special attention is paid to the resolution of disputes, with an emphasis on the various mechanisms provided for in these conditions. However, the question of the applicable law that will be applied to the merits of the dispute remains insufficiently considered. The FIDIC General Conditions provide that the parties may choose the law of a country or a particular jurisdiction to apply to their contractual relationship. The chosen applicable law plays a key role in the application and interpretation of the FIDIC General Conditions of Construction Contracts. Although FIDIC contracts are detailed to provide a legal and technical framework for international construction projects, they do not exist in a legal vacuum, but are implemented in accordance with the chosen national law. In the paper, the author analyzes how the applicable law affects the key aspects of the FIDIC contract, especially through the application of its imperative norms, which derogate from the dispositive norms contained in the FIDIC general conditions, as well as through the interpretation of concepts and abstract legal terms from these standard contracts. The paper also discusses the dilemma of whether it is possible to choose the UNIDROIT Principles of International Trade Contracts as the authoritative legal rules for FIDIC contracts, and their role in the context of international construction disputes. The analysis shows that the choice of applicable law is not a mere formality, but an unavoidable factor in the functioning of the FIDIC contract system, with significant consequences for dispute resolution and legal certainty during and after the execution of construction projects.
Keywords:
construction contract, FIDIC, applicable law, autonomy of will, UNIDROIT Principles of international commercial contracts.