“一带一路”建设工程争端预防机制的应用

诉讼、仲裁等争端解决方式在建设工程领域饱受高成本、低效率的诟病。国际上开始在工程实践中引入规范合同条款、争端预防专家小组、早期中立评估等形式的争端预防机制,通过及时化解业主和承包商之间的分歧以避免争端形成。对"一带一路"倡议框架下的建设工程而言,争端预防机制具有促进伙伴关系、降低交易成本、合理分担诉累等预期价值,应当通过提升企业预防争端的法律意识、构建高业务水准专家队伍、细化扩展行业规则以及借助第三方平台推广争端预防示范文本等措施,切实推动"一带一路"建设工程争端预防机制的应用。

Implementation of the Dispute Prevention Mechanism in Construction Projects under the Belt and Road Initiative

Dispute settlement methods such as litigation and arbitration in construction projects area are criticized for high costs and inefficiency. Dispute prevention machanisms, such as standard contract terms, conflict avoidance panels and early neutral evaluation, are getting widely used in international practice, which solve the differences between owners and contractors at an early stage, avoiding further escalation into disputes. For construction projects under the Belt and Road Initiative, the dispute prevention mechanism has the expected value of promoting partnerships, reducing transaction costs, and rational apportion of litigation resources. The application of dispute prevention mechanism should be promoted by improving legal awareness of dispute prevention, building a high-level expert team, detailing and expanding industry guiding rules, and the promoting of dispute avoidance model rules through third-party platforms such as the Asian Infrastructure Investment Bank and the International Commercial Dispute Prevention and Settlement Organization.