Solution by negotiation and determination by arbitration in arab world construction disputes: Comparative study between FIDIC rules of 1987 and FIDIC rules of 1999

This article deals with dispute settlement mechanisms for construction, in particular, FIDIC contracts. The FIDIC Rules provide for a two-step process of dispute settlement. The first step, which is amiable in nature, relies on the consulting engineer under the FIDIC Rules of 1987 and on the Dispute Adjudication Board under the FIDIC Rules of 1999. In the second step, the dispute will be submitted to arbitration for a binding decision upon the request of one of the parties. This article is concerned with the first step, and offers a comparative analysis of the FIDIC Rules of 1987, which depend on the consulting engineer, and the FIDIC Rules of 1999, which depend on the Dispute Adjudication Board.