Main Article Content
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.
Article Details
This work is licensed under a Creative Commons Attribution 4.0 International License.
References
Ben Mellors (2017). Amending FIDIC con-tracts: practical issues. https://constructionblog-practicallaw-com.translate.goog/amending-fidic-contracts-practical-is-sues/?_x_tr_sch=http&_x_tr_sl=en&_x_tr_tl=vi&_x_tr_hl=vi&_x_tr_pto=op,sc. Ac-cessed January 30, 2023.
Bui Tran Thuy Vy (2021). Resolve disputes ac-cording 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.
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.
Cyril Chern (2020). Chern on Dispute Boards - Practice and Procedure. ISBN 9781032177236. Published September 30, 2021 by Informa Law from Routledge
Donald Charrett (2015). The Commercial Value of Dispute Boards under FIDIC Contracts. The Turkish Commercial Law Review, (1), pp.210, 211.
FIDIC (2012). The 1999 FIDIC suite. https://www.fidic.org/sites/default/files/FIDIC-rainbow-suite-2012.pdf. Accessed January 20, 2023.
Government of Vietnam (2015). Decree 37/2015/ND-CP of the Government dated April 22, 2015 detailing construction con-tracts.
Government of Vietnam (2021). Decree 50/2021/ND-CP of the Government dated April 1, 2021 amending and supplement-ing a number of articles of Decree No. 37/2015/ND-CP dated April 22, 2015 of the Government Detailed regulations on construction contracts.
Government of Vietnam (2017). Decree 22/2017/ND-CP of the Government dated February 24, 2017 on commercial media-tion.
Lighthouse Nhatrang Law Office (2021). FIDIC Contract Types. http://www.lawnt.pro/2021/05/cac-loai-hop-ong-cua-fidic.html. Accessed January 20, 2023.
Minh Thu (2020). Resolving construction con-tract 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.
People's Court Hanoi City (2014). Decision No. 10/2014/QD-PQTT dated October 28, 2014.
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-arbitra-tion/?_x_tr_sl=en&_x_tr_tl=vi&_x_tr_hl=vi&_x_tr_pto=sc. Accessed January 30, 2023.
Tran Viet Dung (2021). Resolving cases of vio-lation of pre-arbitration agreements: In-ternational experience and some pro-posals to improve Vietnamese law. Journal of Legal Sciences, No. 1 (140), p. 45, 52.
Supreme People's Court (2023). Statistics on the website announcing the Court's judg-ments and decisions. http://congbobanan.toaan.gov.vn/. Ac-cessed January 20, 2023.
Vietnam National Assembly (2015). Civil Code 2015 (Law No. 91/2015/QH13) dated November 24, 2015;
Vietnam National Assembly (2010). Commer-cial Arbitration Law 2010 (Law No. 54/2010/QH12) dated June 17, 2010;