Examining the Legal Framework for Dispute Resolution in Construction Partnership Contracts: From Domestic Challenges to International Models

Abstract

The present study aims to examine and analyze the legal framework for dispute resolution in construction partnership contracts, with a focus on Iran’s domestic challenges and a comparative assessment of international models. With the increasing use of joint venture and consortium contracts in civil and infrastructure projects, dispute resolution between contracting parties has emerged as one of the vital pillars ensuring the successful implementation of such projects. Nevertheless, Iran’s legal system in the field of dispute resolution for these contracts faces challenges such as the absence of specialized arbitration institutions, weaknesses in the enforcement of arbitral awards, lack of integrated policymaking, and the inefficiency of preventive mechanisms. These factors have contributed to increased legal risk, reduced contractual transparency, and instability in attracting investment. In this context, the study adopts a qualitative approach and employs thematic analysis as its methodological framework. Data were collected through semi-structured interviews with experts in construction law, project engineering, and arbitration, and were analyzed using the six-phase model proposed by Braun and Clarke. The findings reveal the emergence of key themes related to institutional, structural, and procedural deficiencies in Iran’s arbitration system, in contrast to the multi-tiered, expertise-based, and structured models developed at the international level, particularly within the frameworks of FIDIC, ICC, and UNCITRAL. Through a comparative analysis, this study elucidates the substantive differences between domestic and international dispute resolution models across five main dimensions: institutions, procedures, training, enforcement, and policymaking. The final results emphasize the necessity of redesigning a multi-layered, specialized, and flexible dispute resolution system for construction partnership contracts in Iran. Such a system, drawing on successful international experiences and relying on specialized, well-trained, and independent arbitrators, can move dispute resolution processes away from traditional pathways toward faster, more cost-effective, and more efficient mechanisms. This institutional transformation can play a significant role in enhancing legal certainty, facilitating joint investment, and improving Iran’s position in international construction projects.