Issue 12

Of all the provisions to be found in the FIDIC form, those of clause 20 have attracted by far the most comment.

The recent incursion of ISIS forces into Iraq is a matter of considerable concern to many who are involved in projects in Baghdad and Syria, who need to ensure the wellbeing of their staff and security of the works in difficult and often unpredictable circumstances.

In England and Wales, the Late Payment of Commercial Debts (Interest) Act 1998 applies to the vast majority of contracts for the supply of goods and services.

The reluctance of English common law to imply a term of good faith into agreements negotiated between two commercial parties at arm’s length is well known and is based on the long-established doctrine of freedom of contract.

In March 2013 a new Enforcement Law came into effect in Saudi Arabia, replacing the relevant provisions of the 1989 Rules of Civil Procedure before the Board of Grievances.