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Hello! This is a receipt for a question you recently asked at allexperts.com, in category Construction Law. Most of our questions were answered in 3 days. Thanks for using our service!

Your question was

"We, a japanese Contractor, have a project in Mongolia which Contract is based on FIDIC 1999 Red, and governing law is the Law of Mongolia.

The Employer is Mongolian Government and failed to make payment consistently after part of advance payment being made in July, 2012.

The Employer has not been responded all of the accumulated claims and we are now about to bring a suit against the Mongolian Government,

1) Does Japanese Court have jurisdiction over the matter
when the Contract does not have designated venue for the suit?
If not, what is appropriate venue for the Parties?

2) When we receive a judgment from the Japanese Court, can
we enforce the judgement against the Mongolian Government?

Thank you."

Answer
Dear Simona,



Is that a joke or a mistake?! I never asked a question, but by the contrary, as volunteer, I answer questions on this Site/ Section.

However, to briefly answer that question, Japanese Court would probably simply decline judging the case, as they have no jurisdiction whatsoever for judging the matter.

And if by any chance they do it, you can not enforce it in Mongolia, as Japanese courts have no power in any other country than Japan.

Hope that answer the matter.

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Volunteer


Florin NICULESCU

Expertise

Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.

Experience

Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Organizations
Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers www.aric.org Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914 Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com

Education/Credentials
- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html) - FIDIC Accredited Adjudicator

Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Regional Development (former Ministry of European Integration), Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey, Croatia and Macedonia - Numerous Western based private consultancy companies - full CV and other relevant information available at www.abinitio.ro

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