Main Modes And Risk Of China International Engineering Contracting

International Engineering Contracting means An Engineering Projecthas participants from various countries at design, construction,procurement, installation stage, etc. It takes FIDIC Contract. FIDICContract has been most widely used internationally.Over twenty years elapsed since China joined the InternationalEngineering Market . China has made some progress but overall, is stillfar behind the world level. One of reason is that the legal frame of Chinawhich governing the International Engineering Contract is quite differentfrom the international practice and FIDIC Contract. This thesis will focuson the "Window Mode" which is used by most Chinese Companies todiscuss the problem in China International Engineering Contracting andtry to find the solutions.Window Mode is specially used by Chinese Companies. Actually it ismonopolized by a few Chinese Companies. This thesis makes acomparison between Window Mode and International Practice. Itanalyzes the legal basis, qualification, legal status and relationship,governing law, legal responsibility of the Window Mode. The authorsuggests a new standpoint, namely two parties under Window Mode allown double legal entities, which is the source of all risks.This thesis also suggests a few risks relevant to the Window Mode:risk of breach of subcontract article of FIDIC Contract, risk of breach ofcontractor and subcontractor article of FIDIC Contract, risk of breach ofEngineer article of FIDIC contract, risk of breach or bankrupt of domesticpartner, risk of Performance Bond and Guarantee, risk of materialbreach..As to the solutions, the thesis makes a discussion from both macroand microcosmic points. For macro point, the author suggests to revisethe law according to the international practice. For microcosmic, theauthor suggests a few solutions.After being a member of WTO, China will grant the permits to moreand more companies to join the competition in International EngineeringMarket. These companies who monopolize the permits will face bigchallenge. They must restructure themselves in large scale to surviveand develop in future.