FIDIC红皮书合同条款争端解决探讨

Research on Dispute Settlement of FIDIC Contract Conditions

FIDIC红皮书合同争端解决可以通过其发展的三个阶段加以概括,即争端解决方法由争端解决的单一性向多样性转变;争端解决的主体由工程师-仲裁向工程师-DAB-仲裁方式的转变;工程师作用的加强与工程师行事的权利限制;DAB功能的完善与DAAB预防争端功能的建立。分析不同版本红皮书争端解决条款,认为工程师和DAB的功能设置、权利配置和权力制约是FIDIC红皮书争端解决机制安排的主要体现,也是其在争端解决方面的主要特点。

The FIDIC red book contract dispute settlement can be summarized through its three stages of development,that is,the dispute settlement method changes from the single dispute settlement to the diversity;the change of the main body of dispute settlement from engineer-arbitration to engineer-dab arbitration;the enhancement of the role of the engineer and the restriction of the engineer’s right to act;the improvement of DAB function and establishment of DAAB dispute prevention function.This paper analyzes the dispute settlement clauses of different versions of the red book,concluds that the function setting,right allocation and power restriction of the engineer and DAB are the main embodiment of the arrangement of the dispute settlement mechanism of the FIDIC red book,as well as the main characteristics of the FIDIC red book in terms of dispute settlement.