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Standard form contracting; the role for FIDIC contracts domestically and internationally

by Toby Shnookal

Toby Shnookal & Donald Charrett (2010) Society of Construction Law Australia conference

This paper was delivered by Toby Shnookal at the Society of Construction Law Australia’s inaugural conference in Perth on 19 June 2010. The paper examines the growing need for contracts to be transportable across different legal framework, both common law and code based.

Australian contractors are increasing involved in projects within jurisdictions where the Australian domestically developed contract suits are not commonly used. Through such projects some Australian contractors have become familiar with international forms of contracting. At the same time, contracts based on internationally standard forms are becoming increasingly used within Australia in some industries.  With planned revisions to its relevant domestic arbitration laws, Australia looks set to more uniformly apply international contracting concepts into its domestic contracts. This article looks at the role of international standard form contracts in Australia and the Asian region with a particular focus on the forthcoming 2010 FIDIC contract suite.

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