January 2024

Volume 07 Issue 01 January 2024
Dispute Resolution Mechanism by Dispute Resolution Board According to FIDIC Contract Model and Experience for Vietnam
1Le Doan Lam, 2Le Pham Anh Tho
1,2Ho Chi Minh City University of Industry and Trade
DOI : https://doi.org/10.47191/ijsshr/v7-i01-77

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ABSTRACT

The article “Dispute resolution mechanism by the Dispute Board according to the FIDIC contract form and experience for Vietnam” researches the theoretical issues related to the FIDIC Contract and the Dispute Settlement Board of the FIDIC. In addition, the article also focuses on researching and analyzing the practice of applying dispute settlement mechanisms by Dispute Settlement Boards in various nations throughout the world. The article's usefulness stems from the knowledge gained while researching this dispute resolution mechanism in countries throughout the world, as well as the present situation of Vietnamese law, which provides solutions and recommendations based on Vietnamese law.

KEYWORDS:

FIDIC, Construction Contract, Dispute Resolution Board, DAB, DAAB.

REFERENCES
1) Article 21.1, Red Book of FIDIC 2017 Contract Model Set.

2) Ben Mellors (2017). Amending FIDIC contracts: practical issues. https://constructionblog-practicallaw-com.translate.goog/amending-fidic-contracts-practical-issues/?_x_tr_sch=http&_x_tr_sl=en&_x_tr_tl=vi&_x_tr_hl=vi&_x_tr_pto=op,sc. Accessed January 30, 2023.

3) Bui Tran Thuy Vy (2021). Resolve disputes according to FIDIC 2017 and Vietnamese construction law. https://fdvn.vn/giai-quyet-tranh-chap-theo-fidic-2017-va-phap-luat-xay-dung-viet-nam/. Accessed January 30, 2023.

4) CNC Counsel (2017). General introduction to FIDIC contracts. https://cnccounsel.com/wp-content/uploads/2017/08/CNC_Gioi-Thieu-Ve-Hop-Dong-FIDIC-1999_Ban-Tin-So-1.pdf. Accessed January 20, 2023.

5) Cyril Chern (2020). Chern on Dispute Boards - Practice and Procedure. ISBN 9781032177236. Published September 30, 2021 by Informa Law from Routledge

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12) 12 Minh Thu (2020). Resolving construction contract disputes: “If you get fined, your cheeks will be swollen. https://www.viac.vn/tin-tuc-su-kien/giai-quyet-tranh-chap-hop-dong-%20grind-dung-duoc-va-thi-ma-da-sung-n977.html. Accessed January 20, 2023.

13) People's Court Hanoi City (2014). Decision No. 10/2014/QD-PQTT dated October 28, 2014.

14) Taner Dedezade (2014). Can a party ignore FIDIC's DAB process and refer its dispute directly to arbitration? https://www-corbett-co-uk.translate.goog/can-a-party-ignore-fidics-dab-process-and-refer-its-dispute-directly-to-arbitration/?_x_tr_sl=en&_x_tr_tl=vi&_x_tr_hl=vi&_x_tr_pto=sc. Accessed January 30, 2023.

15) Tran Viet Dung (2021). Resolving cases of violation of pre-arbitration agreements: International experience and some proposals to improve Vietnamese law. Journal of Legal Sciences, No. 1 (140), p. 45, 52.

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18) Vietnam National Assembly (2010). Commercial Arbitration Law 2010 (Law No. 54/2010/QH12) dated June 17, 2010;
Volume 07 Issue 01 January 2024

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