The new ICC Arbitration Rules
Richard Smellie explains that the ICC has revised its Arbitration Rules.
Fenwick Elliott Annual Review 2011/2012
Annual Review 2011/2012
Download this issueThis fifteenth edition of the Annual Review brings together a comprehensive overview of the most significant legal and industry developments from the past year. It includes summaries of key cases and issues drawn from Dispatch and the Construction Industry Law Letter, along with practical insight into how recent changes may affect those working in the construction sector.
A central focus of this edition is the impact of Part 8 of the Local Democracy, Economic Development and Construction Act 2009, including amendments to standard forms and important changes to the adjudication process. Particular attention is given to the extension of the right to adjudicate to contracts that are wholly or partly oral, alongside a series of articles exploring contract formation, implied terms, and the “battle of the forms.” The practical challenges of negotiating terms in a difficult market are also examined.
The Review reflects the continuing pressures within the industry, including an increase in disputes concerning bonds and guarantees and evolving judicial approaches to restraining calls on bonds. It also considers growing judicial scrutiny of costs, including new case management measures designed to control expenditure in construction disputes.
On the international stage, this edition highlights revisions to major arbitration rules aimed at promoting efficiency and cost-effectiveness, as well as ongoing uncertainty surrounding the enforcement of FIDIC Dispute Adjudication Board decisions. The Review concludes with an assessment of the developing impact of the Remedies Directive and how its effects have unfolded in practice.
