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Integration of international and National Standards in construction contracts: Implementation challenges and legal perspectives

Journal: RUDN Journal of Law (Vol.29, No. 3)

Publication Date:

Authors : ;

Page : 747-768

Keywords : international construction contract law; adjudication; common data environment; international federation of consulting engineers; international standards; interaction between international and domestic law;

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Abstract

The article investigates the integration of standards from the International Federation of Consulting Engineers (FIDIC) and the International Organization for Standardization (ISO) into the legal systems of the United States, China, Russia, India, and the European Union. The topic is increasingly important due to the growing number of cross-border infrastructure projects and the rising demands of international financial institutions. The analysis highlights recent changes in the Russian regulatory framework, including the repeal of several mandatory requirements under the “regulatory guillotine” policy and the establishment of a new register of construction norms, both of which have significantly affected legal enforcement. Special attention is given to terminological discrepancies, such as the translation of the term “Common Data Environment”, and to challenges arising from implementation of international standards across different jurisdictions. The study shows that the United States and China demonstrate substantial flexibility in adapting these standards, while in the European Union, supranational regulation plays a central role. The novelty of the research lies in identifying obstacles and opportunities for harmonizing international and domestic construction standards, aiming to reduce legal conflicts and enhance the competitiveness of Russian companies. The conclusions include recommendations for clearly distinguishing mandatory from recommended construction norms, standardizing legal terminology, and amending legislation to restore the personal liability of technical clients in the Russian Federation.

Last modified: 2025-10-02 05:24:43