News

The Construction Industry Payment and Adjudication Act (CIPAA) 2012 became effective in Malaysia on the 15 April 2014. This means that adjudication and payment registration is now effective in Malaysia in a similar way to other countries around the world such as England, Wales, Scotland, New Zealand, Australia and Singapore.

Fenwick Elliott has been involved in the CIArb’s consultation on dispute board rules. The responses received under the Consultation have been taken into account in the draft CIArb Dispute Board Rules and the draft CIArb Tripartite Agreement for a Dispute Board. The deadline for potential users to give feedback and make comments regarding these drafts is 22 April 2014.

Mediation practice has moved on, following a recent decision of the Court of Appeal (PGF II SA v OMFS Company 1). This is a summary of the decision together with practical tips on what to do when faced with an invitation to mediate.

Nicholas Gould and Jeremy Glover have produced a training bundle with CPDcast which gives an in-depth analysis of the FIDIC suite of contracts and breaks them down, making them easier to understand. They also address the essential elements of a FIDIC claim, as well as the most recent developments in English law in respect of good faith.

Parent company guarantees provide protection in case a subsidiary fails in its contractual obligations. Sometimes as an alternative, a generally worded letter of support which confirms that a group’s policy to ensure its subsidiaries are able to meet their liabilities may be used. But how good is this alternative?

Filling in an insurance proposal form may seem a straightforward process. But getting it wrong can have severe consequences.