FIDIC Applications & Dispute Resolution in Turkey

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(6) Dispute Resolution Mechanisms in TurkeyThe common dispute resolution methodology adapted by CFCU:During a contract administration, the parties should try to resolve differences betweenthemselves on the basis of amicable settlement. If the parties can cnot reach anagreement amicably, one party submits his opinion on the disputed d issue to the otherTry to resolve differences on amicable settlement basisOne party submits a position paper to the other partyThe other party should respond within 30 daysAmicable settlement not reached in 120 daysOne party request the other to have a third party to resolve the issue (by conciliation)The other party should respond within 30 days expressing his consent for conciliationSettlement by conciliation not reached in 120 daysIt t is deemed that the settlement by conciliation process has failed.After the failure of both the amicable and conciliation processes, s, the final process isusually the courts, provided that it is specified in the particular conditions of thecontract.Consequence is that in the best case scenario, dispute resolution n by conciliation maytake up to 240 days, albeit it may be longer if the dispute goes to the court. Thismethod therefore is not a preferable method as it takes too much time as opposed tohaving a DRB or DAB.
(6) Dispute Resolution Mechanisms in Turkey EU’s s common approach:Use FIDIC-type contracts particularly for SolidWaste or Waste Water Treatment PlantFacilities. Consequently, if FIDIC-type contracts are used,then the relevant dispute resolution method is putinto effect. Amicable Settlement (No Amicable Settlement) Referral to the DAB DAB Decision Dissatisfaction Notice Arbitration (ICC)
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FIDIC Applications & Dispute Resolution in Turkey

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