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A Study On Legal Issues In International Project Contracts

Posted on:2007-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y C WangFull Text:PDF
GTID:2166360182481426Subject:International Law
Abstract/Summary:PDF Full Text Request
International project contracting is an industry category featured with multi-trade,multination and diversified patterns of project operation.Engineering-Procurement-Construction(EPC)/Turnkey Projects are increasinglybecoming the widely adopted pattern of operation as the trend of development ofinternational project contracting market. The international project contracting industryof China has achieved greater growth in recent years. The number of Chineseenterprises with the capacity to undertake EPC/Turnkey Projects is increasing. Thepurpose of this dissertation is to provide guidance on legal issues involved in theinternational project contracts for Chinese enterprises that have entered or intend toenter into the international project contracting market.This dissertation is composed of four parts. The first part introduces the definitionand characteristics of international project contracting, describes the presentsituation and trends of development of international project contracting market, andraise the point that EPC/Turnkey Projects are increasingly gaining important position.The second part gives a general introduction on popular conditions of contractutilized in international projects, explains and compares standard conditions ofcontract in international projects, highlights the Conditions of Contract forEPC/Turnkey Projects which is one of the series of conditions of contract compiledby the Federation International Des Inginieurs Conseils(FIDIC). The third part refersto the specific stipulations in the Conditions of Contract for EPC/Turnkey Projects,analyses the legal issues presented in international project contracts, covering theformation of contract, contract performance, contract claims, contract disputes andsettlements of the disputes, applicable laws of the contract. Suggestions areproposed to Contractors in the view to protect the Contractor based on specificproject cases and practical experience. The fourth part proposes legal suggestionsto complement the international project contracts, namely the clauses stipulatingresponsibility of fitness for purpose and defect notification period.This dissertation refers to the influential and widely adopted FIDIC conditions ofcontract in international project contracting. With the support of specific cases andpractical project experience, analyses international project contracts from the point oflegal issues, and proposes legal suggestions to complement the international projectcontracts. This dissertation is of both theoretical and practical significance forChinese enterprises that have entered or intend to enter into the international projectcontracting market.
Keywords/Search Tags:International Project, Project Contract, Conditions of Contract
PDF Full Text Request
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