当事人双方使用FIDIC文本,因发包人拖欠工程款引起纠纷。合同对提起仲裁有先由工程师作出处理决定的前置性约定,而承包人未遵守此约定直接提起仲裁,并由此引起仲裁委员会受理案件仲裁的合法性质疑。本案的处理反映了FIDIC合同文本在国内仲裁的共性问题及其可借鉴的应对对策。 FIDIC texts were used by both parties, causing disputes due to default of the project developer. Contracts for arbitration precedent by the engineers to make the decision to deal with the preconditions, and the contractor did not comply with this agreement directly to arbitration, which led to the Arbitration Commission to hear the validity of the case arbitration challenged. The handling of this case reflects the common problems of FIDIC contract texts in domestic arbitration and the countermeasures they can learn from.