Construction Law/Arbitration

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Question
hello,
I would like to ask a question related to FIDIC 1999 Red Book.
1. quantities for which a subcontractor payment was to be calculated on were fraudulently manipulated by a main contractor. This document fraud was reported to the police.
2. contract states that disputes arising from the contract shall be referred firstly to mediation, then arbitration.
3. My question is, does mediation and /or arbitration have jurisdiction over such cases where fraud is involved ?
Thank you.

Answer
Dear Newman,

Sorry for my late reply due to my travel based on my vacation.

This is first time I am hearing such a problem. The Quantities should be clear and calculation should be provided by Subcontractor and jointly inspected and then verified by Main Contractor.

If the case referred to criminal court by police, Jurisdiction should be with the court and always the laws of the country prevails the Contract.

I think best and precise answer may be given by a lawyer in your case.

Best Regards,

IRVALI

Construction Law

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ALI IRVALI

Expertise

FIDIC, Arbitration Procedures, Claim Management, Project Management.

Experience

I have experience of working at 6 countries in MENA region (algeria, Libya, Saudi Arabia, Oman, Pakistan)as the Regional Director and General Manager of a construction company. I have experience on various applications of FIDIC and construction law, arbitration procedures, claim management, project management.

Organizations
CEO of TURCON Construction presently. www.turcon.com.pk

Education/Credentials
M.S. Civil Engineer, Various Courses on Project Management, Seminars on FIDIC.

Past/Present Clients
National Highway Authorities of various countries, Water and Power Development Authorities, Karachi Port Trust, etc.

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