Abstract
This article explores lex constructionis as a legitimate transnational construction law concept, focusing on its similarities with other recognised branches of lex mercatoria. It highlights the reasons and limitations that have prevented it from becoming a fully recognised and functional branch of lex mercatoria in construction law. The author argues that the perceived lack of academic efforts to outline unique construction law principles, customs and usages along with the absence of an established specialised dispute resolution forum that would apply and develop those are the main obstacles hindering the recognition and operation of lex constructionis. The article also discusses potential steps and conditions for lex constructionis to gain recognition among academics and practitioners, such as the creation of a specialised dispute resolution forum through collaboration between the Fédération Internationale des Ingénieurs Conseils and the International Chamber of Commerce.
| Original language | English |
|---|---|
| Pages (from-to) | 99-113 |
| Number of pages | 14 |
| Journal | Construction Law Journal |
| Volume | 41 |
| Issue number | 3 |
| Publication status | Accepted for publication - 1 Apr 2025 |