Issue 5

March 2013

Inside this issue of International Quarterly, we discuss whether you can imply good faith into agreements made under English Law. We also look at international contractual issues in relation to Clause 13.1 of FIDIC and on-demand bonds and guarantees. Finally we cover confidentiality in arbitration and discuss whether you can ever assume that proceedings will be both private and confidential.

In this issue

12 March 2013

Can you imply good faith into agreements made under English law?

Jeremy Glover considers a 2013 case which suggested that the English courts might change in their approach to the question of whether English law recognises a general duty to perform contracts in good faith.

International Quarterly Issue 5

7 min read

12 March 2013

Amending Clause 13.1 of FIDIC: protracted negotiations

Jatinder Garcha considers Clause 13.1 of the FIDIC Yellow Book, which is often a point of discussion during contract negotiations.

International Quarterly Issue 5

5 min read

12 March 2013

Is arbitration confidential?

Richard Smellie reviews the issue of confidentiality in arbitration, across various jurisdictions and legislative bodies.

International Quarterly Issue 5

10 min read

12 March 2013

Defining the difference between on-demand bonds and guarantees

Jeremy Glover outlines the difference between an on-demand bond and a guarantee, with references to relevant case law.

International Quarterly Issue 5

9 min read

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