应用“不正当影响”规则开展海外项目索赔

Discussion on Application of "Undue Influence" Rule to Claims in Overseas Project

不正当影响规则属于英美法律体系内的重要规则之一,本文详细介绍了孟加拉国帕克西大桥项目管理团队采用该规则成功开展了海外项目索赔案例。项目总承包商在提交了工期索赔后,由于项目监理和业主的不正当影响,撤回了费用索赔。在工期索赔成功后,再以不正当影响规则从法律上提出了索赔,最终通过与项目业主的友好协商,解决纠纷,取得了费用索赔的成功。本文建议在国际工程索赔中,高度重视对英美法系合同规则的应用,严格遵守菲迪克合同条款规则进行索赔,坚持国际工程争端解决与诚信履约结合。

The rule of “undue influence” is one of the important rules in the Anglo-American legal system, this article details the application of this rule by the contractor to the claim of Paksey Bridge in Bangladesh. After submitting the claim for Extension of Time(EOT), the contractor withdrew the cost claim due to the undue influence of the project consultant and the employer. After the EOT claim was awarded, the cost claim was lodged according to the “undue influence” rule, and finally the dispute was resolved through amicable settlement with the employer, and the cost claim was successful. This article recommends that in international engineering claims, we should attach great importance to the application of common law contract rules, strictly abide by the FIDIC contract terms and regulations for claims, and diligently execute the project with success to facilitate dispute resolution.