Issue 19

Jeremy Glover looks at the recovery of third-party funding costs in arbitration.

Sana Mahmud considers the Court of Appeal’s decision in MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt.

James Mullen takes a more global look at the risks of bribery on construction projects.

The use of Letters of Intent (“LOIs”) as the basis for construction projects has mushroomed in the Gulf in rent years. However the practice carries a significant risk to the parties involved, who may end-up finding themselves in a legal predicament.

Under the FIDIC form, whether it is the 1999 Rainbow suite or the 1987 Fourth Edition, which is still used fairly widely in the Middle East today, obtaining a decision from either the Engineer (4th Edition) or a DAB (1999 suite) is generally a pre-condition to a party being entitled to commence arbitration.

Jonathon More reviews Golden Endurance Shipping SA v RMA Watanya SA and others [2016] EWHC 2110 (Comm), which provides a useful reminder of the principles surrounding the question of whether or not a party has submitted to a foreign jurisdiction in respect of a judgment in non-EU court proceedings.