TRANSBORDER CONSTRUCTION CONTRACT AS A SUI GENERIS CONTRACT

The author investigates the problems of normative and legal regulation of relations arising due to a cross-border construction contract. The author analyzes the concept of «contract» in its transborder meaning, analyses the principles of choice of law in cases when parties to the treaty have not provided for the applicable law, examines general theoretical and international private law doctrine and arbitration practice on the issue of a cross-border construction contract. In order to properly resolve a dispute from a cross-border construction contract, the court must establish the transborder nature of private-law relations, whether their contractual or non-contractual nature, establish the legal nature (type) of the transaction in order to determine the applicable law. The author examines the features and peculiarities of a cross-border construction contract, which facilitates the establishment of these facts for the court and concludes that it is necessary to separate this sort of contracts into a separate type. The most important aspects revealed by the author in the article concern the theoretical and practical aspects of defining the characteristics and features of the transboundary construction contract. In conclusion, the author comes to the conclusion that the cross-border construction contract is a contract sui generis.