Issue 14

We have continued to monitor the progress of this influential series of cases, and we set out our conclusions on the enforcement of non-final DAB decisions following the latest (and final) decision by the Court of Appeal in Persero II.

The Obrascon case has now reached the Court of Appeal, where Lord Justice Jackson considered certain discrete elements of the original judgment.

It would almost certainly be unmanageable for one contractor to deliver a construction project, especially if the project involves a certain level of complexity, without contracting third parties having various expertise and capabilities to carry out specific portions of the works.

An On Demand Bond is as an unconditional undertaking to pay a specified amount to a named beneficiary, usually on demand and sometimes on the presentation of certain specified documents.