Working Environments Ltd v Greencoat Construction Ltd

Frederic Gillion highlights the new procedural mechanisms and principles introduced by the 2012 ICC Rules to improve case management, and considers the impact these changes may have on the conduct of construction arbitration proceedings under the ICC Rules.

Failure by a party to pay its share of an advance on arbitration costs may amount to a breach of the arbitration agreement, but it will not necessarily be repudiatory. Where the applicable arbitral rules provide mechanisms to allow the arbitration to proceed, non‑payment alone is unlikely to render the arbitration agreement inoperative.