Issue 9

The introduction of the ICC Mediation Rules in 2014 signals a clear endorsement of mediation as an effective means of resolving international disputes. With strong settlement rates and enhanced institutional support, the ICC continues to promote mediation as a flexible, confidential and cost‑efficient alternative to arbitration and litigation.

2014 marked a pivotal year for China‑related construction and investment, with growing UK‑China ties, increased cross‑border projects and evolving arbitration frameworks. At the same time, uncertainty around CIETAC highlighted the importance of carefully drafted dispute resolution clauses for parties doing business in China.

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.

The 2014 EU Public Procurement Directives mark a significant step towards modernising procurement by promoting flexibility, digital processes and wider market access. By encouraging BIM, mandating electronic communications and easing participation for SMEs, the new regime aims to make public procurement more efficient, transparent and innovation‑friendly.