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The Internationalisation of Contracting: Australian Contractors in Asia

by Donald Charrett

Donald Charrett & Toby Shnookal (2011) 138 Australian Construction Law News 6.

This paper examines the growing need for contracts to be transportable across different legal frameworks, both common law and code based. Australian contractors are increasing involved in projects within jurisdictions where the Australian domestically developed contract suites 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 updates to the FIDIC contract suite, and the Conditions of Subcontract for Construction.

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