Lex Constructionis: unification of jurisdictional principles in international construction contract law

This article examines the Lex Constructionis concept, which aims to unify jurisdictional principles and substantive legal norms in international construction contract law. It highlights the historical circumstances shaping this concept, its doctrinal bases, and its role in ensuring predictable, consistent legal enforcement. The focus is on international construction contracts involving parties from diverse legal systems, generating conflicts of laws, arbitrability issues, and challenges in recognizing arbitral awards. The study addresses the legal environment in which large-scale infrastructure projects function in today’s multipolar world. Its purpose is to show how Lex Constructionis may harmonize legal mechanisms, enhance regulatory efficiency, and improve predictability in judicial and arbitral decisions. Core principles of Lex Constructionis, their relevance, and value to stakeholders in international construction-related legal relations are elucidated. The methodology draws on primary and secondary sources, including published scholarship, international standards, and prevalent practices. Key methods include literature review, comparative legal analysis of various jurisdictional systems, and assessment of enforcement practices within the Lex Constructionis framework. The study’s novelty lies in comprehensively exploring Lex Constructionis to unify not only jurisdictional principles but also substantive norms. This approach fosters a coherent understanding of how arbitrability, recognition of arbitral awards, choice of law, and jurisdictional clauses can integrate into a single system. Conclusions underscore the need to further develop Lex Constructionis to enhance predictability and transparency, reduce disputes, and streamline resolution. Emphasis is placed on aligning national and international standards, broadening alternative dispute resolution mechanisms, and examining existing conflicts of laws. The recommendations and identified avenues for future research lay a foundation for refining legal mechanisms, ensuring a higher degree of harmonization in international construction contract law.