In this issue
Welcome to the 25th edition of our Annual Review.
Fenwick Elliott Annual Review 2021/2022
Annual Review 2021/2022
Download this issueOur 25th Annual Review provides a focused update on adjudication, including continued challenges based on alleged breaches of natural justice, and examines the growing impact of Net Zero considerations on construction contracts, including the government’s hydrogen strategy. Reflecting a number of 2021 decisions, we also analyse the courts’ increasing scrutiny of expert evidence, addressing expert shopping, bias and conflicts of interest involving both experts and arbitrators.
The Review further covers key developments in international arbitration, including conflicts of interest, updates from Dubai, changes to witness evidence, the UNCITRAL Expedited Arbitration Rules and investment treaty arbitration. In the UK context, we explain the importance of the Triple Point decision on liquidated damages, alongside recent developments relating to bonds, completing partially finished projects, implied contractual terms, unforeseeable ground conditions, and notable issues arising from PFI contracts, including a rare 2021 court decision.
