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International Law and International Organizations
Reference:
Varavenko V.E.
MODEL REPRESENTATIVE AGREEMENT OF INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS (FIDIC): PROSPECTS FOR IMPLEMENTATION WITHIN RUSSIAN LEGAL SYSTEM
// International Law and International Organizations.
2015. № 2.
P. 159-165.
DOI: 10.7256/2454-0633.2015.2.15087 URL: https://en.nbpublish.com/library_read_article.php?id=15087
Типовое соглашение о представительстве Международной федерации инженеров консультантов (FIDIC): перспективы применения в условиях российской правовой системы
Varavenko Victor Evgenyevich
PhD in Law
Associate Professor of the Department of Civil Law Disciplines, Vladivostok State University of Economics and Service
690069, Russia, Primorskii krai, g. Vladivostok, ul. Gogolya, 41, aud. 5502
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vevaravenko@gmail.com
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DOI: 10.7256/2454-0633.2015.2.15087
Received:
22-04-2015
Published:
16-06-2015
Abstract:
The subject of this research is the terms of the Model Representative Agreement (further – Agreement) of the International Federation of Consulting Engineers (FIDIC) of 2013, as well as the norms of Russian and foreign law that regulates the agency relations (norms of Chapter 52 of the Civil Code of the Russian Federation, and legal norms of England and Wales, which regulate agency relations). The agreement is meant to structure and regulate agency relations between the engineering, construction, and project management companies, as well as companies providing intermediary services, helping foreign countries enter the national market of corresponding services. This research represents a first analytical report on the content of the Model Representative Agreement of FIDIC of 2013. The author concludes that there is lack of principal juridical obstacles that would prevent application of the Agreement by Russian companies seeking to provide intermediary services to international engineering companies and project planners. In addition to that, the distribution of risk between the sides of the Agreement is on the side of the foreign companies, which needs to be considered in decision making on the use of this model of agreement.
Keywords:
actual authority, project manager, engineering company, agent, anticorruption clause, intermediary, model agreement, FIDIC, express authority, implied authority
References
1. Jaeger A.-V., Hök G.-S. FIDIC – A Guide for Practitioners [Text] / A.-V. Jaeger, G.-S. Hök. – NY: Springer, 2010.
2. FIDIC Model Representative Agreement [Text]: [First edition, 2013]. – Geneva: 2013.
3. Phang A., Yihan G. The Law of Contract in Singapore [Text] / A. Phang, G. Yihan. – Singapore: Academy Publishing, 2012.
4. Poole J. Textbook on Contract Law [Text] / J. Poole-7th edition – NY: Oxford University Press Inc., 2004.
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