Artificial Intelligence and the law
This year’s Review begins with an article by Simon Tolson looking to the future and the impact of artificial intelligence and the digital big bang.
This year’s Annual Review explores the growing significance of artificial intelligence and the wider digital transformation reshaping the construction industry. We examine the continued development of Building Information Modelling (BIM) and consider the contractual protections required to manage risk effectively in a BIM-enabled environment. We also look at recent case law on contractual interpretation, liquidated damages, and oral variations.
Reflecting the presence of our Dubai office, this edition maintains a strong international perspective. We review recent decisions of the Dubai courts addressing whether an Engineer’s Decision under the FIDIC Red Book operates as a contractual precondition to the commencement of arbitration. In addition, we provide an update on adjudication, examine issues of impartiality affecting adjudicators and arbitrators, revisit the law relating to guarantees, and consider the extent to which the UK courts continue to recognise and apply the principle of good faith.
08 November 2016
This year’s Review begins with an article by Simon Tolson looking to the future and the impact of artificial intelligence and the digital big bang.
Annual Review Fenwick Elliott Annual Review 2016/2017
9 min read
08 November 2016
Stacy Sinclair considers the continued march forward of BIM driven in-part by advances in machine learning. What contractual safeguards need to be put in place to work with BIM?
Annual Review Fenwick Elliott Annual Review 2016/2017
7 min read
08 November 2016
Stacy Sinclair and Claire King explain how these technological advances can assist in controlling the spiralling nature and costs of the e-disclosure process.
Annual Review Fenwick Elliott Annual Review 2016/2017
10 min read
08 November 2016
Jeremy Glover reviews the impact of the Jackson Reforms on the litigation process three years on.
Annual Review Fenwick Elliott Annual Review 2016/2017
17 min read
08 November 2016
Sarah Buckingham looks at how easy it is to sign up to personal guarantees, but how hard it is to try and extricate yourself from having done so.
Annual Review Fenwick Elliott Annual Review 2016/2017
13 min read
08 November 2016
Jonathan More looks at adjudication enforcement cases and the trend of failure to serve notices on time.
Annual Review Fenwick Elliott Annual Review 2016/2017
14 min read
08 November 2016
The concept of good faith is enshrined into the UAE Civil Code. Sana Mahmud looks at the extent to which the UK courts embrace similar concepts.
Annual Review Fenwick Elliott Annual Review 2016/2017
13 min read
08 November 2016
Heba Osman writes about a recent decision of the Dubai courts about whether or not an Engineer’s Decision under the FIDIC form is a contractual pre-condition to the right to bring an arbitration claim.
Annual Review Fenwick Elliott Annual Review 2016/2017
6 min read
08 November 2016
Edward Colclough has looked at FIDIC and discusses the extent to which the UK Unfair Contract Terms Act can be used when considering the reasonableness or otherwise of time bar clauses.
Annual Review Fenwick Elliott Annual Review 2016/2017
8 min read
08 November 2016
Reyhan Yilmaz takes up the theme of contractual interpretation when she looks at whether or not a prohibition on oral variations can be overridden.
Annual Review Fenwick Elliott Annual Review 2016/2017
7 min read
08 November 2016
Jeremy Glover takes a look at what the Supreme Court has said about how parties should go about interpreting their contract.
Annual Review Fenwick Elliott Annual Review 2016/2017
12 min read
08 November 2016
Andrew Weston looks at the outcome of the Supreme Court’s review of the law about liquidated damages.
Annual Review Fenwick Elliott Annual Review 2016/2017
11 min read
08 November 2016
There have been a number of cases over the past 12 months that have looked at the impartiality of adjudicators and arbitrators. Lyndon Smith explains more.
Annual Review Fenwick Elliott Annual Review 2016/2017
12 min read
08 November 2016
In August 2016, two important new pieces of insurance legislation came into force. They were described by the Government as being the biggest reform to insurance contract law in more than a century.
Annual Review Fenwick Elliott Annual Review 2016/2017
16 min read
08 November 2016
Our Review ends with some suggestions as to what changes FIDIC might be making to their 1999 Suite of Contracts.
Annual Review Fenwick Elliott Annual Review 2016/2017
5 min read