Baurechtliche Konfliktbeilegung durch Adjudikationsverfahren am Beispiel der FIDIC-Vertragsbedingungen
ebook ∣ Perspektiven für eine Implementierung der Adjudikation in Deutschland · Schriften zum Internationalen Privatrecht und zur Rechtsvergleichung
By Christian Piroutek
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In Germany, classic conflict resolution through the construction process has been in the firing line for years. In search of practical solutions, the focus in recent times has been increasingly directed towards extrajudicial dispute resolutions by adjudication. The author begins by examining the procedure of a conflict resolution carried out by a Dispute Adjudication Board according to the current contractual terms of the international construction practice of the International Federation of Consulting Engineers (FIDIC). Based on this reference model, the adjudication models developed for the German market are systematised and critically assessed. In closing, the requirements for legal implementation of the adjudication procedure in Germany are outlined and summarised in draft legislation.