Legal interest in filing an arbitration claim by multiple contractors under the f i d i c terms Cover Image

Правен интерес при завеждане на арбитражен иск от страна на множество изпълнители по договор под общите условия на FIDIC
Legal interest in filing an arbitration claim by multiple contractors under the f i d i c terms

Author(s): Petar Bonchovski
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: legal interest; arbitration; claim; FIDIC
Summary/Abstract: In this article, the question of the interest of the filing of a claim by one of several joint and several contractors under a contract subject to the general terms and conditions of FIDIC against the contractor under the contract, for the payment of a separate own share, is considered in the context of the practice of the arbitration courts. In this connection, the concept of "interest granted by law" is derived from the filing of a claim, which interest is examined only when the party asserts a right that is not fundamentally available according to the substantive law, i.e. the existence of the claim does not depend on the specific validity and provenance of the claims, but only on an assessment of the material provisions.