International Quarterly archive

Issue 33, 2022

In this issue of IQ we take a detailed look at ESG initiatives in Africa and price adjustment mechanisms under the FIDIC standard forms. We also review several issues which often impact the life cycle of a construction dispute: notices of dissatisfaction, arbitral seats and freezing orders.

The links to these articles are below

ESG and Energy on the African Continent

Inflation and Adjustment for Changes in Cost in FIDIC Red and Yellow Books

Notify Now or Forever Hold Your Peace - Notices of Dissatisfaction under FIDIC and NEC

The Importance of Choosing an Arbitral Seat for the Parties

Thin Ice – Freezing assets across jurisdictions

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Issue 32, 2022

This issue of IQ focuses on change, both unexpected and anticipated, looking at the ways parties can manage the cost escalation currently impacting so many projects and how the courts treat responses to Force Majeure events. We also consider the recent updates to the DIAC rules and the proposed changes to the code of conduct for adjudicators in investment disputes. Finally, we look at what’s new in the FIDIC Green Book.

The links to these articles are below

Managing Cost Increases in Construction Contracts

UNCITRAL and ICSID release third iteration of Draft Code of Conduct for Adjudicators in investment disputes

Force Majeure and the limits of reasonableness in MUR Shipping BV v. RTI LTD

The new DIAC Arbitration Rules 2022: what’s changed and what does it all mean?

FIDIC gives green light on new edition

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Issue 31, 2021

This edition focuses on the use of Dispute Boards, looking first at the new JCT/CIArb rules for the use of DBs in the UK and then at the steps being taken by the World Bank to address gender based violence. We also review whether a hunger for diversity might encourage the use of less widely known arbitration institutions across Africa, as well as the care needed when incorporating additional phases of work into an existing project.

Issue 30, 2021

This edition looks at the multi-tier dispute resolution clauses, provides another warning about the importance of complying with notices, discusses the role of the expert and reviews what has been happening with project securities during the Covid-19 pandemic.

The links to these articles are below

The English Court of Appeal redefines experts’ relationships with their client

Notices: a cautionary tale from Hong Kong

English High Court rules that preconditions to arbitration are matters of admissibility, not jurisdiction

Managing bonds and securities in the time of Covid-19

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