International Quarterly archive

Issue 37, 2024

In this issue of IQ, we take a detailed look at the development of the right to terminate for convenience under the FIDIC Red, Yellow and Silver Books. We also review a judgment in which the court rejected claims of forum non conveniens, setting a precedent for future disputes containing DIFC-LCIA clauses. Our final two articles both look at different sections of the Arbitration Act 1996. The first considers a recent ruling that demonstrated the high standard that challenges under the Act’s section 68 must meet in order to succeed. The second covers the Law Commission’s recent decision not to recommend any reform of section 69 of the Act and compares this to the position in Italy.

The links to these articles are below

The developing right to terminate for convenience under FIDIC [1]

Case Summary: Baker Hughes v Dynamic Industries [2]

The English High Court sets aside multibillion-dollar arbitral award against the Republic of Nigeria [3]

Appeals on a point of law: striking the right balance between finality of arbitral awards and judicial supervision [4]

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Issue 36, 2023

This issue focuses on updates and reforms across the legal landscape, looking first at the new Civil Transactions Law for the Kingdom of Saudi Arabia, second at recent publications from the ICC Commission on Arbitration and ADR and third at proposed reforms to the Arbitration Act 1996 in England and Wales. We also review a recent UK Supreme Court Case in which the court allowed an appeal against a decision staying court proceedings under section 9 of the Arbitration Act 1996.

The links to these articles are below

New Civil Code for the Kingdom of Saudi Arabia [6]

The ICC Commission on Arbitration and ADR publishes report and guide to the promotion of dispute prevention and resolution [7]

So, how does the UK plan to remain a world leader in international arbitration? By doing very little. [8]

Staying court proceedings: what’s the matter? [9]

PDF logo download (PDF 2.1MB) Issue 36 of International Quarterly [10]

Issue 35, 2023

This edition focuses on contract interpretation, looking first at a case out of the DIFC Court of Appeal and later at a recent case concerning a limitation of liability clause. We also review the latest reforms to governance and international arbitration rules, including the New SCCA Arbitration Rules, as well as developments in Environmental, Social and Governance as it relates to supply chains.

The links to these articles are below

FIDIC Contracts: time bars limitation and good faith [11]

New SCCA Arbitration Rules: another positive development for arbitration in the Kingdom of Saudi Arabia [12]

Interpreting indemnity clauses: how many caps and what size? [13]

Environmental, Social and Governance (ESG) and supply chain risk management [14]

PDF logo download (PDF 3.5MB) Issue 35 of International Quarterly [15]

Issue 34, 2022

In this IQ we look at concurrent delay in England and the UAE, arbitration reform in Nigeria, and the enforcement of UAE judgments in England and Wales. We also return to our discussion on Notices of Dissatisfaction under FIDIC and take a look at some of the changes FIDIC have made in its 2022 reprint. Finally, we look at the Privy Council’s latest ruling on without prejudice privilege.