FIDIC 2017/2022 — Key Amendments and Implications for Uzbekistan

In 2025, FIDIC did not issue a new independent edition of the Rainbow Suite (Red/Yellow/Silver Book). In practice, however, this designation already refers to the Second Edition 2017 (Red/Yellow/Silver Book)[4] together with the "Reprinted 2022 with amendments" package (December 2018, June 2019, November 2022), which entered into force on 1 January 2023.[5] In 2024–2025, supplementary materials on dispute boards[6][7] and carbon management were added.[8]
This distinction has practical significance: a contractual reference to "FIDIC 2017" without specifying the amendments package does not mean that the November 2022 amendments are incorporated. In a number of procurement processes this has become a subject of dispute.[9]
Today, for projects of international financial institutions (IFIs), the edition "2017, reprinted 2022 with amendments" is the de facto standard. FIDIC has formalized official agreements with AIIB (Asian Infrastructure Investment Bank), AfDB (African Development Bank), and other development banks that expressly apply this edition.[10][11]
The 2022 Amendments
The 2022 amendments resolved the ambiguity: matters are excluded from the definition of Claim, and their scope is strictly tied to clause 3.7 (Red/Yellow Book) and clause 3.5 (Silver Book).
Furthermore, in the 2022 edition a dispute (Dispute) may arise only upon the existence of three elements:
–      a claim or matter subject to agreement or determination (claim & matter);
–      a negative determination by the engineer, or failure to issue such a determination within the stipulated timeframe;
–      a Notice of Dissatisfaction (NOD).
In multi-tier PPP structures comprising a public partner, a special purpose vehicle (SPV), an EPC contractor, and an operation and maintenance (O&M) operator, the absence of an agreed procedure for qualifying a disagreement as a dispute at the level of the PPP agreement and at the level of the EPC contract creates a risk of parallel proceedings with potentially conflicting outcomes. Illustrative in this regard is the Indian precedent in Capacite Infraprojects Ltd v T. Bhimjyani Realty Pvt Ltd[12], in which the court denied a party the right to proceed directly to the state court, requiring it to comply with the contractual procedure for appointing a dispute resolution body through the designated appointing authority.
In the 2017 edition, FIDIC replaced the term "Force Majeure" with "Exceptional Event"; however, the definition of that concept did not contain the qualifying criterion of "exceptionality", giving rise to interpretive disagreements as to the range of events falling within this category.[13] The November 2022 amendments remedied this gap by reinstating the "exceptionality" criterion in the text of the definition.[14] This introduced an additional qualifying filter: an event is deemed exceptional only if it simultaneously satisfies three criteria — it is beyond the reasonable control of the party; the party could not reasonably have foreseen it prior to the conclusion of the contract; and the party could not reasonably have avoided or overcome it.
The practical significance of this filter lies in the fact that pandemic, climatic, and other large-scale events do not automatically relieve a party of liability — each must be assessed individually in light of the specific factual circumstances of the project, the period in question, and the party's own conduct. In this context, the question of the standard of proof for the consequences of such events takes on particular importance.
Table 1. Comparison of FIDIC 1999 / 2017 / 2017 with 2022 Amendments

(The New FIDIC Suite 2017: An Overview // International Construction Law Review. 2018. Vol. 35. P. 384–412; Freshfields Bruckhaus Deringer LLP. FIDIC 2022 Amendments // Lexology. 2022; FIDIC. Amendments to Red/Yellow/Silver Book, Issue No. 3, November 2022.)
Uzbekistan: The Regulatory Framework
The application of FIDIC standard conditions in Uzbekistan takes place within a legal environment shaped by several interacting regulatory layers. The Law "On Public-Private Partnership" of 2019[15] and the Law "On Public Procurement" of 2021[16] establish the procedural framework for project preparation and implementation. The State PPP Development Program for 2024–2030[17] provides for the scaling of the project portfolio and requires alignment of practice with international environmental and social standards. The 2025 amendments to the Law on Public Procurement introduce two-stage competitive procedures,[18] which broadens the organizational capacity for incorporating FIDIC standards into tender documents at the project preparation stage.[19]
In practice, FIDIC conditions are applied in Uzbekistan primarily in large infrastructure projects with international financing — from ADB, AIIB, EBRD, and the World Bank. It has historically been the procurement documentation requirements of these organizations that have served as the main channel through which FIDIC standards have been introduced into Uzbek contractual practice.[20] Beyond IFI-financed projects, the application of FIDIC is episodic and, as a rule, requires substantial adaptation through Particular Conditions. A similar pattern characterizes other Central Asian states: FIDIC is adapted to national law through special conditions, while the institutional asymmetry between contractual requirements and the actual capacity of the public authority remains a systemic risk.[21]
In analyzing the application of FIDIC 2017/2022 conditions within the Uzbek legal system, a methodological caveat is necessary. No judicial decisions of Uzbek economic courts that have entered into legal force in disputes arising directly from FIDIC conditions are available in the public domain, nor have official interpretations of the relationship between FIDIC conditions and national legislation been published by competent authorities. Accordingly, the conclusions of this section regarding possible conflicts and risks are based on a systematic interpretation of the legislation currently in force in the Republic of Uzbekistan and are offered as a reasoned legal opinion.
FIDIC 2017/2022 standard conditions prescribe a mandatory multi-tier pre-arbitral procedure, without completion of which recourse to arbitration is inadmissible:
1.    service of notice by the party considering itself aggrieved;
2.    issuance of a determination by the engineer within the stipulated timeframe;
3.    service of a Notice of Dissatisfaction (NOD) in the event of rejection of or failure to issue a determination;
4.    referral of the dispute to the Dispute Avoidance/Adjudication Board (DAAB);
5.    service of a Notice of Dissatisfaction with the DAAB decision in the event of disagreement with it;
6.    amicable settlement negotiations;
7.    international arbitration.
Each stage is subject to strict procedural time limits, and non-compliance results in the forfeiture of the corresponding right.
DAAB decisions are binding on the parties and, in accordance with FIDIC conditions, are subject to immediate enforcement pending the conclusion of arbitration proceedings ("pay now, argue later"). However, the legislation of the Republic of Uzbekistan does not contain a specific provision governing the enforcement of dispute board decisions. The Economic Procedural Code of the Republic of Uzbekistan provides for the enforcement of arbitral tribunal awards and international arbitration decisions,[22] but a DAAB is a contractual mechanism rather than an arbitral institution. In the view of practitioners in FIDIC contracts, the application of the DAAB mechanism in state projects, insofar as it entails changes to the contract price, requires additional elaboration in light of budget legislation.[23] To avoid legal uncertainty, it is recommended to stipulate expressly in the Particular Conditions that DAAB decisions are binding as a contractual obligation, and to provide that non-compliance with a DAAB decision constitutes grounds for referral to arbitration with the right to seek interim measures.[24]
Conclusion
The foregoing analysis permits the following conclusions to be drawn. The 2022 amendments to the FIDIC Second Edition 2017 standard conditions address the specific legal uncertainties that had accumulated in the practice of applying the 2017 edition: the distinction between a Claim and a matter subject to agreement or determination, the clarification of the conditions for a Dispute to arise, and the reinstatement of the qualifying criterion of "exceptionality" in the concept of Exceptional Event — taken together — enhance the predictability of contractual relations and reduce the risk of parties forfeiting their rights as a result of procedural errors. The transition to a standing Dispute Avoidance/Adjudication Board (DAAB) and the publication of Practice Note III in 2025 further strengthen the mechanism for the early resolution of disputes.
For Uzbekistan, the regulatory basis for applying FIDIC 2017/2022 conditions in PPP projects has, in general, been established: the laws on PPP and on public procurement are in force, as is the State PPP Development Program for 2024–2030 and the subordinate legislation governing the preparation and implementation of projects. At the same time, as is rightly observed in the professional community, conflicts between FIDIC conditions and national legislation arise not from the mere fact of their concurrent application, but from errors in the process of contract conclusion, adaptation, or execution.[25] This means that the key barrier remains not the regulatory framework, but institutional readiness: the sufficiency of contract management competencies, the quality of adaptation through Particular Conditions, and documentary discipline at all stages of project implementation.
On the basis of the foregoing, the following practical recommendations are formulated.
For public partners and contracting authorities: to ensure that the applicable FIDIC edition is precisely specified in contract documentation — "Second Edition 2017, reprinted 2022 with amendments" with an enumeration of the amendments packages; to include a contract event qualification matrix in tender documentation as a mandatory annex; to agree on the form of a direct agreement with lenders and a step-in protocol at the tender stage rather than after contract award.
With regard to dispute resolution: to expressly stipulate in the Particular Conditions the parties' right to international arbitration with reference to the Law "On International Commercial Arbitration"[26] and the applicable international investment protection treaty; to establish the binding and immediately enforceable nature of DAAB decisions as a contractual obligation, with a prescribed transition to arbitration in the event of non-compliance.
Bibliography
Legislation of the Republic of Uzbekistan
1.    Law "On Public-Private Partnership" of 10 May 2019, No. ZRU-537 (as amended). URL: https://lex.uz/docs/4329272
2.    Law "On Public Procurement" of 22 April 2021, No. ZRU-684. URL: https://lex.uz/docs/5382983
3.    Law "On International Commercial Arbitration" of 16 February 2021, No. ZRU-674. URL: https://lex.uz/uz/docs/5294087
4.    Economic Procedural Code of 24 January 2018, No. ZRU-461. URL: https://lex.uz/ru/docs/3523803
5.    Presidential Decree on measures for PPP development for 2024–2030. URL: https://lex.uz/docs/7089558
International Treaties
6.    United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958). Uzbekistan acceded on 7 February 1996. URL: https://uncitral.un.org/en/texts/arbitration/conventions/foreign_arbitral_awards/status2
FIDIC Documents
7.    FIDIC. Conditions of Contract for Construction (Red Book). 2nd Ed. Geneva: FIDIC, 2017. URL: https://fidic.org/books/construction-contract-2nd-ed-2017-red-book
8.    FIDIC. Amendments to Rainbow Suite, Issues No. 1–3 (2018, 2019, 2022). URL: https://www.fidic.org/node/39729
9.    FIDIC. Practice Note III: Dispute Board Decisions — Standards and Quality (2025). URL: https://issuu.com/fidic/docs/practice_note_iii_dispute_board_decisions_prepara
International Guidance Documents
10. World Bank Group. Guidance on PPP Contractual Provisions. 2019 Edition. URL: https://ppp.worldbank.org/sites/default/files/2021-03/Guidance%20on%20PPP%20Contractual%20Provisions_2019%20edition.pdf
11. EBRD. Introduction to Direct Agreements for PPPs. Vol. 1, Ch. 11–12. URL: https://www.ebrd.com/content/dam/ebrd_dxp/assets/pdfs/legal-reform/infrastructure-and-natural-resources/public-private-partnerships-and-concessions/volume-1/vol1_chap11.pdf
Case Law
12. Judicial Committee of the Privy Council. Water and Sewerage Authority of Trinidad and Tobago v Waterworks Ltd [2025] UKPC 9. URL: https://jcpc.uk/cases/judgments/jcpc-2021-0066
13. High Court of India. Capacite Infraprojects Ltd v T. Bhimjyani Realty Pvt Ltd. URL: https://indiankanoon.org/docfragment/182009244/?formInput=fidic++
Academic Literature
14. The New FIDIC Suite 2017: An Overview // International Construction Law Review. 2018. Vol. 35. P. 384–412. URL: https://fidic.org/sites/default/files/ICLR%20Article_The%20New%20FIDIC%20Suite%202017_October%202018%20%5B2018%5D%20ICLR%20384.pdf
15. Freshfields Bruckhaus Deringer LLP. FIDIC 2022 Amendments // Lexology. 2022. URL: https://www.lexology.com/library/detail.aspx?g=289ec953-a0b6-4aa4-b1ad-e7fd928cd6ad
16. Bobokulova F., Belousova L., Tsoy O. What can FIDIC standards offer to the domestic engineering market // MyLawyer.uz. 2022. URL: https://mylawyer.uz/tpost/sufh51t931-starshii-partnyor-advokatskoi-firmi-my-l
[1]Contractual claim; a request by one party for an extension of time and/or additional payment, submitted in accordance with the prescribed procedure and notice requirements.
[2]Matter to be agreed or determined — a matter subject to agreement or determination by the engineer; in FIDIC 2017/2022, separated from the concept of Claim and tied to specific contractual provisions (clause 3.7 Red/Yellow Book, clause 3.5 Silver Book).
[3]Exceptional Event; the FIDIC 2017/2022 term replacing Force Majeure; a circumstance beyond the party's control that meets the "exceptionality" criterion.
[4]FIDIC. Conditions of Contract for Construction (Red Book). 2nd Ed. Geneva: FIDIC, 2017. URL: https://fidic.org/books/construction-contract-2nd-ed-2017-red-book
[5]FIDIC. News: "Reprinted 2022 with amendments" — amendments entered into force on 01.01.2023. URL: https://www.fidic.org/node/39729
[6]Construction Law Review 2025–26. FIDIC Update // Journals CICES. URL: https://journals.cices.org/ces/construction-law-review-2025-26/features/fidic-update
[7]FIDIC. Practice Note III: Dispute Board Decisions — Standards and Quality (2025). URL: https://fidic.org/node/46432
[8]FIDIC. Carbon Management in Construction: CM/CEM Guide. Q&A 2025. URL: https://fidic.org/books/qa-carbon-guide-and-guidances
[9]Freshfields Bruckhaus Deringer LLP. FIDIC 2022 Amendments: Claim vs Matter, Dispute Definition, Exceptional Event // Lexology. 2022. URL: https://www.lexology.com/library/detail.aspx?g=289ec953-a0b6-4aa4-b1ad-e7fd928cd6ad
[10]FIDIC. Agreements with Multilateral Development Banks (AIIB, IDB, etc.). URL: https://fidic.org/node/45173
[11]Construction Law Review 2025–26. FIDIC Update // Journals CICES. URL: https://journals.cices.org/ces/construction-law-review-2025-26/features/fidic-update
[12]High Court of India. Capacite Infraprojects Ltd v T. Bhimjyani Realty Pvt Ltd. URL: https://indiankanoon.org/docfragment/182009244/?formInput=fidic++
[13]Freshfields Bruckhaus Deringer LLP. FIDIC 2022 Amendments: Claim vs Matter, Dispute Definition, Exceptional Event // Lexology. 2022. URL: https://www.lexology.com/library/detail.aspx?g=289ec953-a0b6-4aa4-b1ad-e7fd928cd6ad
[14]FIDIC. Red Book Amendments, Issue No. 3, Nov. 2022. URL: https://fidic.org/sites/default/files/Conditions%20of%20Contract%20for%20Construction%20%28Second%20Ed.%202017%29%20amendments_0.pdf
[15]Law of the Republic of Uzbekistan "On Public-Private Partnership" of 10 May 2019, No. ZRU-537 (as amended). URL: https://lex.uz/docs/4329272
[16]Law of the Republic of Uzbekistan "On Public Procurement" of 22 April 2021, No. ZRU-684. URL: https://lex.uz/docs/5382983
[17]Presidential Decree of the Republic of Uzbekistan on measures for PPP development for 2024–2030, No. PP-308, dated 30.08.2024. URL: https://lex.uz/docs/7089558
[18]Cabinet of Ministers of the Republic of Uzbekistan Resolution on the procedure for preparation and implementation of PPP projects, No. 720, dated 30.10.2024. URL: https://lex.uz/docs/-7180726
[19]Law of the Republic of Uzbekistan on amendments to the Law "On Public Procurement" (amendments of 27.01.2024, No. ZRU-1005). URL: https://lex.uz/ru/docs/7239170
[20]FIDIC. Agreements with Multilateral Development Banks. URL: https://fidic.org/node/45173
[21]Idayatova A. Peculiarities of FIDIC Contracts Adaptation to the Kazakh Legislation // Petroleum. 2019. URL: https://www.aequitas.kz/en/press-center/publications/idayatova-a-peculiarities-of-fidic-contracts-adaptation-to-the-kazakh-legislation-petroleum-2019-6
[22]Economic Procedural Code of the Republic of Uzbekistan of 24 January 2022, No. ZRU-756. URL: https://lex.uz/docs/5842416
[23]Bobokulova F., Belousova L., Tsoy O. What can FIDIC standards offer to the domestic engineering market // MyLawyer.uz. 2022. URL: https://mylawyer.uz/tpost/sufh51t931-starshii-partnyor-advokatskoi-firmi-my-l
[24]World Bank Group. Guidance on PPP Contractual Provisions. 2019 Edition. Washington, D.C.: World Bank, 2019. URL: https://ppp.worldbank.org/sites/default/files/2021-03/Guidance%20on%20PPP%20Contractual%20Provisions_2019%20edition.pdf
[25]Bobokulova F., Belousova L., Tsoy O. What can FIDIC standards offer to the domestic engineering market // MyLawyer.uz. 2022. URL: https://mylawyer.uz/tpost/sufh51t931-starshii-partnyor-advokatskoi-firmi-my-l
[26]Law of the Republic of Uzbekistan "On International Commercial Arbitration" of 16 February 2021, No. ZRU-674 (as amended). URL: https://lex.uz/uz/docs/5294087