Dispute resolution under the FIDIC and NEC Conditions: paradox of philosophies and procedures?
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MANTE, J. 2018. Dispute resolution under the FIDIC and NEC Conditions: paradox of philosophies and procedures? International construction law review [online], 35(2), pages 182-223. Available from: https://www.i-law.com/ilaw/doc/view.htm?id=388268
A careful reader of the philosophical underpinnings and the dispute resolution frameworks of the FIDIC and NEC Conditions of Contract will likely be baffled by the paradoxical relationship between the underpinning ethos of these forms and the approaches to dispute handling: the more traditional of the two sets of Conditions - the FIDIC forms - has more collaborative approaches to dispute resolution than the NEC Conditions which have collaboration as a central theme. This piece discusses this paradox. It sets out the theoretical contexts of these Conditions and examines how they shape dispute resolution expectations under the forms.