Open AccessContent and Characteristics of a Cross-Border Construction Contract
Author(s) -
Ives Goddard
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.98.1.163-172
Subject(s) - arbitration , doctrine , construction contract , contract management , business , conflict of laws , law and economics , law , contract theory , severability , exclusion clause , privity of contract , political science , economics , microeconomics , marketing
The paper deals with the problems of legal regulation of relations arising due to a cross-border construction contract. The author substantiates the presence of the characteristics distinguishing a cross-border construction contract from the related private law agreements. Based on the results of the legal doctrine and arbitration practice study the author identifies a number of new features.The most important aspects disclosed by the author in the paper concern the theoretical and practical aspects of determining the content of the characteristics of a cross-border construction contract, distinguishing it from other private law contracts. The author makes a conclusion on the formation of new constitutive features of a cross-border construction contract and the possibility of assigning a cross-border construction contract to a separate, independent type of sui generis contracts.