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Varavenko V.E. Model representative agreement of international federation of consulting engineers (FIDIC): prospects for implementation within russian legal system

Published in journal "Mezhdunarodnoe pravo i mezhdunarodnye organizacii / International Law and International Organizations", 2015-2 in rubric "INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW", pages 159-165.

Resume: 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

DOI: 10.7256/2226-6305.2015.2.15087

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