Application of the Limitation Period for Mandatory Pre-trial Procedures in FIDIC International Contracts in European Countries and the Russian Federation

The present paper is aimed to examine the application of a limitation period during the mandatory pre-trial procedures in international FIDIC contracts. The analysis is provided with respect to European countries and the Russian Federation. Particular attention is paid to the possibility to suspend the limitation period during the procedures at issue. The relevance of the work is caused by the growing popularity of international construction using FIDIC’s typical contracts. The absence of regulation of issues of a limitation period with the simultaneous difference in approaches to its status (procedural or substantive law) causes problems for both judges and parties to a contract. A comparative analysis of the legal regulation and precedents in European countries and the Russian Federation is dedicated to provide a systematic view of the problem and to formulate theoretical and practical approaches to resolve it. As a result of the research, the certain ways to resolve the issues of application of a limitation period are identified, as well as the recommendations to enhance a FIDIC contract in the sphere of regulating the said issues.