International Construction Law Review



Edited by Donald Charrett. Published by Informa Law from Routledge, November 2021. Pages: 656. ISBN 978-10-320-61436. Price: Hardback £150. ebook: £105.
This book is the brother of The International Application of FIDIC Contracts: A Practical Guide (First Edition) from the same author (a review of which, written by Nick Longley, is available in the International Construction Law Review at [2020] ICLR 96). Indeed, this latest book continues the author’s desire to offer a guide that identifies the issues related to the drafting of the rainbow suite of FIDIC contracts and help professionals in their application. This time, it is the Asia Pacific region, which includes both common law and civil law jurisdictions, that is highlighted.
It is well known that FIDIC contracts have been influenced by the common law from which they originate. However, the will of FIDIC is to publish standardised legal instruments capable of addressing and being adapted to all systems of law, such as common law and civil law systems. One can go further by stating that the borderline between those legal systems isn’t that evident or is disappearing. Thus, the adaptation of contracts will only be effective if it is tailored to each jurisdiction, not to a system of law. It is no longer sufficient to simply isolate common law and civil law countries, it is necessary to treat each jurisdiction in a differentiated way, as each has its own characteristics. In order to do so, there are two parts to this book, both of which are necessary as they complement each other.
The first part of the book is general and usefully reminds the reader of the essential points for understanding FIDIC contracts, but also, and above all, the legal regime applicable to them. This introduction is essential in order to understand the role of the FIDIC contract beyond the mere management of the obligations of the parties to the international construction contract. The FIDIC contract is the real driving force behind the emergence of a legal order specific to international construction contracts known as the lex constructionis.1 The lex constructionis is based on the idea of unification and/or harmonisation of the legal regimes applicable to international construction contracts and promotes best practice. It is based on a notion which is itself well established: the lex mercatoria. The question of the lex constructionis is raised by the author who takes a position in favour of its recognition. At first sight, these issues

Pt 1] Book Review


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