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Glossary

International Application of FIDIC Contracts, The

Page 431 Glossary Glossary Term Meaning Defined in Section Aarhus Convention United National Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information, Public Participation in Decision-Making Processes and Access to Justice in Environmental Matters , signed in Aarhus, Denmark, in 1998. ¶120.7.9 Abnahme Reception of the Works in accordance with the Contract. (Germany) ¶10.2.1.1 ABNT Brazilian Association of Technical Regulation. ¶5.4.3 Abrahamson Principles Principles of fair and balanced risk allocation, articulated in Max W Abrahamson, “Risk Management” [1983] International Construction Law Review 241, 244. ¶2.4 Accepted Contract Amount FIDIC definition (Red & Yellow Books).   accidentalia negotii Accidental elements. (Germany) ¶10.3.3 ACL Australian Consumer Law. ¶4.8.1 ad validitatem As a condition of validity. (Romania) ¶17.2.2 ADGM Abu Dhabi Global Market. A financial free zone in Abu Dhabi, established pursuant to Federal Law No. 8 of 2004 . (UAE) ¶21.1.2 adhesion contract A contract in which its essential clauses are imposed or are drafted by one party, by a third person especially for a party, or as a result of its instructions, the other party having only the possibility to accept the contract as such. ¶17.8.1 Page 408 adjudication A method of dispute resolution in which an independent Adjudicator resolves the dispute by providing a provisionally binding determination of the parties’ contractual rights following an impartial assessment of the parties’ submissions and other evidence.   Adjudicator The independent person (Neutral) who carries out an adjudication.   ADR Alternative dispute resolution -alternative to litigation in court.   ADR clause An agreement by the contracting parties to adopt a specific form of ADR in the event of, or on the occurrence of, a dispute, and the contractual consequences of the decision of the independent Neutral.   Advance Payment Certificate FIDIC definition (Red & Yellow Books).   Advance Payment Guarantee FIDIC definition (Red, Yellow, & Silver Books).   AFSA Arbitration Foundation of South Africa. ¶18.3.1.10 AGE Recht Standard Business Terms Act , part of the Civil Code (BGB) . (Germany) ¶10.3.1.2 amiable compositeur An Arbitrator acting as amiable compositeur is not bound by strict rules of law but is entitled to decide according to their subjective sense of what is fair and just. See also ex aequo et bono. ¶9.9 Amtsgerichte County Courts. (Germany) ¶10.1.3 assignation Writ of summons. (France) ¶9.5.4.1 AÜG Law on Labour Leasing (Arbeitnehmerüberlassungsgesetz) . (Germany) ¶10.5.6.2 Australian Consumer Law This legislation comprises a schedule to the Competition and Consumer Act 2010 (Cth), which is the harmonised re-enactment of the Trade Practices Act 1974 (Cth). ¶4.2.1.2 Authorized Dealer Authorised dealer in foreign exchange appointed by the Central Bank. (Papua New Guinea) ¶15.3.2.2 Page 409 Authorised Person An Authorised Person is an architect, engineer , or surveyor registered under the Hong Kong Buildings Ordinance . All consultants (i.e. engineers , surveyors, and architects) and contractors carrying out building works in Hong Kong must be registered with the Building Authority and on the Hong Kong Government’s approved lists of contractors and consultants. ¶12.4.4 B2B Business to business. ¶10.3.1.2 B2C Business to consumer. ¶10.3.1.2 Base Date FIDIC definition (Red, Yellow, & Silver Books).   Basic Law The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China. ¶12.1.1 BauFordSiG Law on the Protection of Construction Claims (Bauforderungssicherungsgesetz) . (Germany) ¶10.5.4 Baugrundrisiko Site ground risk. (Germany) ¶10.2.1.4 Baustellenverordnung Construction site order. (Germany) ¶10.2.1.4 BaustellV Baustellenverordnung . (Germany) ¶10.2.1.4 BCISPA Building and Construction Industry Security of Payment Act 1999 (NSW). (Australia) ¶4.4.1 BGB German Civil Code (Bürgerliches Gesetzbuch). ¶10.1.2 Bill of Quantities FIDIC definition (Red Book).   BoQ Bill of Quantities.   Blue-Green Book FIDIC Form of Contract for Dredging and Reclamation Works – First Edition 2006, Second Edition 2016. ¶1.2 bona fides exigit ut, quod convenitfiat Good faith requires that which has been agreed upon shall be done. (Romania) ¶17.1.2 BOT Build, operate, transfer. ¶16.1.1 BOOT Build, own, operate, transfer. ¶16.1.1 bouleversement de Veconomie du contrat Contractual equilibrium. (France) ¶10.1.2 Bumiputra Native Malays. (Malaysia) ¶14.4.6 Page 410 Bundesgerichtshof Federal Supreme Court (Germany) ¶10.1.3 Bundesländer Federal States (Germany) ¶10.8 Bürgerliches Gesetzbuch German Civil Code   Cahier des clauses General terms and conditions applicable ¶9.2.2 administratives générates to public contracts for works (France)   cassation Appeal before the Cour de Cassation

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