ERDEM-NEWSLETTER-2018-metin

46 NEWSLETTER 2018 have been attempted to be abolished by stipulating definitive terms regarding the provisions in which there is no clarity as to the time periods. Again, in order to reduce ambiguous regulations, the clarity and precision in the writing has increased. Thus, the rights and obliga- tions of the parties have been clarified. In addition, international best practices have been reflected in contracts to create more user-friendly contracts. Moreover, it is intended that the elements of the newer FIDIC contracts published after 1999 (especially, the Gold Book-2008) have been added to the updated contracts, and the 18-year experiences of the users are reflected in these three revised contracts. In addition to reflecting the above-mentioned updated reasons of the contracts, the guidelines published for the purposeful use of contracts have also changed. The FIDIC strongly recommends that the following five “Golden Principles” be considered when using all contracts: 1) The duties, rights and responsibilities of the Parties shall remain as they are in the general provisions. 2) Special conditions must be formulated in such a way that ensures clarity and removes contradiction. 3) Special conditions should not disrupt the risk distribution balance. 4) The time to fulfill the obligations of the Convention and to exercise the rights must be reasonable. 5) All disputes must be directed to the Dispute Adjudication / Avoidance Board (“DAAB”) before referring to arbitration.